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In 1988, at the age of 15, Rogers adopted the name Portia de Rossi, by which she remains best known.
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Sweeney, Esquire, Blakeley & Blakeley, LLP, Wilmington, DE, Johnny White, Esquire, Bradley D. A creditor who gives the debtor new value subsequent to a preference payment, however, may use what is referred to as the “new value” defense to offset an otherwise avoidable preference. In the 90 days prior to filing for bankruptcy (“the preference period”), the Debtor made payments for personnel to Roth Staffing (“Appellee”) totaling ,997.57. Several other courts have found this argument persuasive, but it does not withstand scrutiny. § 101(13), but also many other provisions in the Code refer to “debtors” in the post-petition context. § 329 (referring to attorneys representing “a debtor” in a case under the title); and § 521 (describing a debtor's post-petition duties). Pa.1994) (holding that hypothetical liquidation analysis must be conducted as of date bankruptcy petition is filed); see also 5 Collier on Bankruptcy ¶ 547.03 (16th ed.2013) (stating that § 547(b)(5) codifies holding from Palmer Clay Products Co. Third, the statute of limitations for filing a preference avoidance action under § 547 in a voluntary case begins to run on the petition date. If we read § 547(c)(4)(B) to allow post-petition payments to defeat a new value defense, the calculation of preference liability could change depending on when the preference avoidance action was filed. … continue reading »