Defending a bankruptcy preference claim largely is dependent on your books and records. However, we find that, due to the delay between the filing of a bankruptcy and the prosecution of preference claims, these books and records are often difficult to pull together.
Please be mindful, that if you choose to dispute a preference claim, you will not have a choice on whether to pull together your books and records. The customer’s bankruptcy representative will send out request for production of documents and request for answers to questions (interrogatories) that will require you to get the books and records together. See RESOURCES: Sample Requests for the Production of Documents, Sample Interrogatory Requests, Sample Requests for Admission
Because of the criticality, we discuss in more depth the books and records that you may need to defend against a bankruptcy preference claims we have prepared a brief video reviewing that subject.