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Burbage Weddell LLC law articles about threats and proceedings

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

Last Modified: January 26, 2010
The pursuit of bankruptcy preference claims is not mandatory under the Bankruptcy Code.FN1 Whether or not bankruptcy preference recovery will be pursued is »»

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 »»

$10,950 Threshold for Bankruptcy Preference Venue Impediment to Claims

At the same time as Congress established a threshold requirement for bringing a preference claim, it also established a dollar-amount-in-controversy restriction on where small claims arising in »»

THE PROCESS OF BANKRUPTCY PREFERENCE RESOLUTION

Last Modified on January 26, 2010
The bankruptcy preference claims process can be broken down into 3 stages.  While these stages often overlap in terms of time, the »»

The Avoidance Complaint

In bankruptcy adversary proceedings brought against providers of goods or services to recover bankruptcy preferences, the complaints usually look very similar to one another.  Bankruptcy Code Section 547 »»

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 »»

Cadence Innovation – Second Round of Bankruptcy Preference Settlements

Cadence Innovation LLC (the “Debtor”) is continuing to try and settle potential bankruptcy preference claims against vendors who received payments from the Debtor during the ninety (90) »»

Retailer 99 Cent Stuff Inc. – Final Set of Preference Actions Filed

Suppliers to retailers are frequently the targets of bankruptcy preference actions. Once more, for those suppliers who had thought the matter was over, the case illustrates that preference actions are like lingering time bombs.