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RESOURCES

Bankruptcy Creditor Rights

10 Questions for a Commercial Bankruptcy Creditor
Bankruptcy Creditor 503(b)(9) Administrative Expense

The Process of Bankruptcy Preference Resolution

The Decision to Start Preference Recovery
When Preference Claims are Brought
Timing of Negotiations
The Demand Letter
The Avoidance Complaint
The Lawyer’s Role
Creditors Committee – Bankruptcy Creditor Advocate, Adversary

Bankruptcy Preference Basic Concepts, Defenses

Basic Bankruptcy Preference Terminology
Introductory Concepts
The Preferential Payment or Transfer
Contemporaneous Exchange Defense
Ordinary Course of Business Defense
Subsequent New Value Defense
Multiple Payments, Multiple Defenses
Books and Records

Lesser Known Bankruptcy Preference Defenses

Contract Assumption Defense
Dollar Threshold For a Bankruptcy Preference
Venue Defense to Bankruptcy Preferences

Bankruptcy Creditor Statutory Material

Bankruptcy Code Sec. 101 – General Definitions – Annotated
Bankrutpcy Code Sec. 503 – Administrative Expenses -Annotated
Bankruptcy Code Sec. 547 – Bankruptcy Preferences – Annotated

Bankruptcy Preference Educational Videos on this Website

Bankruptcy Preferences – Basics – Introduction (Video)
Bankruptcy Preferences – Basics – Part 1 – Identifying a Preference Payment (Video)
Bankruptcy Preferences – Basics – Part 2 – Contemporaneous Exchange Defense (Video)
Bankruptcy Preferences – Basics – Part 3 – Ordinary Course of Business Defense (Video)
Bankruptcy Preferences – Basics – Part 4 – Subsequent New Value Defense (Video)/
Bankruptcy Preferences – Basics – Part 5 – Multiple Payments, Multiple Defenses (Video)/
Bankruptcy Preferences – Basics – Part 6 – Books and Records (Video)

SAMPLE ADVERSARY PROCEEDING DOCUMENTS ON THIS WEBSITE

Sample Bankruptcy Preference Demand Letter
Adversary Proceeding Complaint for Recovery of a Bankruptcy Preference
Requests for the Production of Documents
Interrogatory Requests

Requests for Admission

Sample Supplier and Unsecured Creditor Documents

Sample Supplier Motion for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. Section 503(b)(9)

LINKS to Other Bankruptcy Preference and Adversary Proceeding Resources

United States Code Title 11 Bankruptcy
Federal Rules of Bankruptcy Procedure (2009)
Local Rules for the United States Bankruptcy Court for the District of Delaware (Effective February 1, 2009)

About the Firm

Managing Attorneys
Bruce B. Weddell
Jesse S. Burbage

How to Contact Burbage and Weddell LLC