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The Bankruptcy Preference Recovery Decision – Who Makes It, How It Is Made

The pursuit of bankruptcy preference claims is not mandatory under the Bankruptcy Code.FN1 Whether or not bankruptcy preference recovery will be pursued is determined by a combination »»

Small Commercial Preference Defense to a Bankruptcy Preference Claim – The Dollar Threshold for a Bankruptcy Preference

In 2005, the Bankruptcy Code was amended to limit by dollar amount the transfers that could be avoided in a commercial case. This commonly is called »»

$11,725 (Pre-April 1, 2010 $10,950) Threshold for Bankruptcy Preference Venue Impediment to Claims

[Last updated:  September 5, 2011]  At the same time as Congress established a jurisdictional threshold requirement for bringing a preference claim, it also restricted the location of »»

THE PROCESS OF BANKRUPTCY PREFERENCE RESOLUTION

The bankruptcy preference claims process can be broken down into 3 stages.  While these stages often overlap in terms of time, the stages remain distinct in terms »»

The Avoidance Complaint

This article is provided in order to help those who have received or who may be receiving an adversary proceeding complaint for the recovery of preferential transfers »»

Sec. 550 – Liability of Transferee of Avoided Transfer

TITLE 11–BANKRUPTCY
CHAPTER 5–CREDITORS, THE DEBTOR, AND THE ESTATE
SUBCHAPTER III–THE ESTATE

Sec. 550. Liability of transferee of avoided transfer

(a)     Except as otherwise provided in this section, to »»

APScans™ – Adversary Proceeding Reports of Substantive Docket Entries in Mass Bankruptcy Preference Proceedings

The following current APScans reports of the substantive filings in certain mass adversary proceedings.  APScans are updated daily.  Depending upon the type of APScans, the report coverage »»

Creditors Brace for Preference Claims in Hard Rock Park (HRP) of Myrtle Beach Bankruptcy

The demise of Hard Rock Theme Park in Myrtle Beach, S.C. was a stunning disappointment.  After two years of construction and a lavish opening in June, 2008, »»

OTC International – High Concentration of Foreign Bankruptcy Preference Defendants

Between March 31 and April 2, 2010 (one day before the expiration of the statute of limitations), the Plan Administrator in the OTC International, LTD. nka »»

A Bankruptcy Preference Adversary Proceeding Complaint – An Elemental Video Review – Part 1

The service of an adversary proceeding complaint often may provide the first notice to a business that it has been identified as a recipient of bankruptcy preferences. »»