Bankruptcy Preferences

$149.00

SKU: 410927

Description

Understand strategies for creditors to proactively avoid a preference challenge.
Preference law is controversial because it is designed to punish creditors who are paid in advance of a bankruptcy filing by that creditors debtor. Its also extremely frustrating because it punishes creditors that are conscientious in being paid either out of economic necessity or company policy. This course will outline defenses of preference challenges, many of which are oftentimes overlooked, and educate debtors as to when preference recoveries can work to their benefit.

Date: 2023-09-27 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to review elements of a transfer in preference analysis.

* You will be able to identify who is a creditor for purposes of a preference.

* You will be able to describe defenses to preference actions.

* You will be able to examine new developments.

The Broad Concept of the Term Transfer Under §101 of the Bankruptcy Code
• Elements of a Transfer in a Preference Analysis
• Controlling Law in a Preference Analysis
• Changes Under Subchapter V

Elements of Preferential Transfers Under 11 U.S.C. § 547
• Who Is a Creditor for Purposes of a Preference?
• What Is a Claim for Purposes of a Preference?
• What Is an Antecedent Debt for Purposes of a Preference?
• Determination of Insolvency for Purposes of a Preference
• When Does a Transfer Occur for Purposes of a Preference?
• Who Is an Insider for Purposes of a Preference?
• What Transfers Do and Don’t Enable a Creditor to Receive More Than Under a Chapter 7 Liquidation?

Defenses to Preference Actions
• Contemporaneous Exchange for New Value
• Ordinary Course Transfers
• Safe Harbor Provisions for Secured Claims
• New Value Defense
• Floating Liens
• Statutory Liens
• Domestic Support Payments
• Transfers Below Certain Minimum Levels
• Payments Made Pursuant to Alternative Repayment Programs

Practice and Procedure in Preference Litigation
• Statute of Limitations
• Standing to Pursue Preference Claims
• Burden of Proof
• Adversary Proceedings to Recover Preferences
• Subchapter V and Reasonable Due Diligence

Recovery of Preferential Transfers Under §550

New Developments

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Randy Nussbaum-Sacks Tierney P.A.