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Burbage Weddell LLC law articles about defenses and limitations
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 »»
The Section 365 Contract Assumption Defense aka KIWI Defense to a Bankruptcy Preference Claim
One of the less frequently seen defenses to a bankruptcy preference is based on Section 365 of the Bankruptcy Code. We believe that there are many more »»
$11,725 (Pre-April 1, 2010 $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 »»
A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim
By asking and answering three simple questions, a bankruptcy preference defendant can perform a rough cut, preliminary self-assessment of exposure to an avoidable transfer claim under Section »»
BANKRUPTCY PREFERENCE BASIC CONCEPTS, DEFENSES
Most businesses know first-hand the disappointment and frustration that come when a once-good customer goes into bankruptcy. Yet a customer’s bankruptcy can bring even more »»
Bankruptcy Preference Claims Timing – The Statute of Limitations, Other Factors
Last Modified on June 14, 2010
The timing of preference claims is affected by 3 major factors:
the statute of limitations;
the desire of the debtor to re-establish goodwill (and »»
Lesser Known, Less Frequently Applied Defenses to a Bankruptcy Preference Claim
How many defenses to a bankruptcy preferential transfer recovery action are there? Well this is a matter of some debate. A bankruptcy preference “technocrat” would say there »»
SemCrude 356 Bankruptcy Preference Actions Filed Under Stricter Pleading Standard of In Re Charys
On July 22, 2008, SemCrude, L.P. and 26 affiliated debtors (the “Debtors”) filed bankruptcy petitions in Delaware Bankruptcy Court (Lead Case No. 08-11525). On July 21, 2010, »»
Elements of the Contemporaneous Exchange Defense to Bankruptcy Preference Claims
The contemporaneous exchange defense is one of the most often disputed defenses. It should not be that way. The focus of the defense is very »»
Assessing and Proving the Ordinary Course of Business Defense to a Bankruptcy Preference Claim
Last Modified: June 20, 2010
There are numerous “defenses” to a bankruptcy preference claim. The 3 most common defenses are:
the ordinary course of business defense, »»