In re Friedman’s: Why the Third Circuit’s Recent Decision Does Not Contradict Its Earlier Ruling In re Kiwi Air

By |February 13th, 2014|Avoidance Powers, Preference Laws|0 Comments

In the wake of its recent precedential decision In re Friedman’s, some commentators have questioned the Third Circuit Court of Appeals’ treatment of post-petition events as they relate to the preference analysis, arguing that the Friedman’s decision contradicts the earlier Third Circuit Kiwi Air decision. After comparing the Court of Appeals’ respective analyses, it is clear that these decisions do not contradict but rather compliment each other. […]