New Value Defense

A defense in preference actions that allows the transferee to avoid liability if it can show that the transferee gave some new consideration to the debtor after the transferee’s receipt of the transfer (but only to the extent of the new value given). If the transferee obtained a lien at the time it provided new value, then the defense is not available to the transferee. Also, if the transferee received another avoidable transfer as a result of its giving new value, then the defense is not available to the transferee.

Bankruptcy Code § 547(c)(4). See also Preference.

Email Term