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113 improved on the petition date compared to its position on the later of the ninetieth day prior to the petition date 64 and the date on which new value was first given under the security agreement creating the security interest; (vi) transfers that fix a statutory lien that is not avoidable under Section 545 of the Bankruptcy Code; 65 (vii) bona fide payments of domestic support obligations; (viii) de minimis transfers by an individual debtor with primarily consumer debts; 66 and (ix) de minimis transfers by a debtor whose debts are not primarily consumer debts. 67 Additionally, if a third party makes a transfer to a debtor to specifically enable the debtor to satisfy a claim of a designated creditor, such transfer does not become "an interest of the debtor" and is not subject to Section 547. This exception or defense is known as the "earmarking doctrine," as the transfer is "earmarked" for a specific purpose and does not truly become "an interest of the debtor." Courts have established a three-part test for determining whether a transaction qualifies for the earmarking doctrine. First, a court will determine whether the third party and the debtor have agreed that the new funds will be used to pay a specified antecedent debt. Second, a court will determine whether the agreement governing the transfer has actually been performed according to its terms. And, third, a court will view the transaction as a whole and must find that it does not result in any diminution 64 This becomes one year prior to the petition date if the creditor is an insider of the debtor. 11 U.S.C. § 547(c)(5)(A)(ii). 65 For a discussion of Section 545, see Chapter V.F.5. 66 Under this defense, the aggregate value of all property transferred pursuant to, or affected by, a particular transfer must be less than $600. 11 U.S.C. § 547(c)(8). 67 Under this defense, the aggregate value of all property transferred pursuant to, or affected by, a particular transfer must be less than $6,825. 11 U.S.C. § 547(c)(9).

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