Bankruptcy Preference Creditor's Digest

BANKRUPTCY PREFERENCE BASIC CONCEPTS, DEFENSES

If yours is a business facing a bankruptcy preference claim for the first time, we have developed a set of educational material, which  include a video series on the basics of bankruptcy preference defense. This video series, “BANKRUPTCY PREFERENCES – THE BASICS”, is posted on this website and is presented in parts in order to make the subject matter a little more manageable. The parts of this presentation are:

Introduction – Why Should You Learn About Bankruptcy Preferences
Part 1 – Identifying the bankruptcy preference payment
Part 2 – The Contemporaneous Exchange Defense
Part 3 – The Ordinary Course of Business Defense
Part 4 – The Subsequent New Value Defense
Part 5 – Multiple Payments, Multiple Defenses
Part 6 – The books and records you may need in defending a bankruptcy preference claim

If you are anxious to do your own preliminary assessment of your bankruptcy preference exposure, we suggest you might find helpful our article “A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim.”

There is a section of articles called “Lesser Known Defenses.”  While the three defenses we address in the videos by far are the most often applicable, there are numerous other defenses that may be available is the right circumstances.

There is also a section of articles dealing with all phases of the bankruptcy preference claim and resolution process.

In the “Resources” section, you will find annotated text of the sections of the Bankruptcy Code that have the most to do with bankruptcy preferences. Cross reference links are provided in the articles citing these code sections.

If you would prefer to speak to us, please give us a call at 404 853-7880.

Click on the following links to see more articles on "bankruptcy preference, Defenses, Limitations ". First Published January 8th, 2009.