Bankruptcy Preference Creditor's Digest » Defenses, Limitations

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

burbageweddell — Sun, 12 Apr 2009 19:33:22 +0000

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

burbageweddell — Thu, 19 Feb 2009 22:02:49 +0000

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 »»

Earmarking, Conduit and Agency Bankruptcy Preference Defenses

burbageweddell — Sun, 12 Dec 2010 22:39:48 +0000

Three lesser known defenses to bankruptcy preference claims are: the earmarking defense, the conduit defense and the agency defense. The defenses have different and distinct elements. »»

Kimball Hill, Inc. Bankruptcy: KHI Liquidation Trust v. Wisenbaker Builder Services, Inc. et al – Memorandum Opinion re Defendant’s Motion to Dismiss

burbageweddell — Wed, 08 Jun 2011 17:55:02 +0000

06/02/2011 – Memorandum Opinion re Defendant’s Motion to Dismiss filed in the Kimball Hill, Inc. Bankruptcy – Adv. Proc. No.: 10-00824 - Defendant Wisenbaker Builder Services, Inc. »»

BANKRUPTCY PREFERENCE BASIC CONCEPTS, DEFENSES

burbageweddell — Fri, 09 Jan 2009 04:47:09 +0000

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 »»

Elements of the Contemporaneous Exchange Defense to Bankruptcy Preference Claims

burbageweddell — Tue, 02 Dec 2008 18:08:52 +0000

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 »»

Lesser Known, Less Frequently Applied Defenses to a Bankruptcy Preference Claim

burbageweddell — Thu, 19 Feb 2009 21:59:38 +0000

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 »»

Assessing and Proving the Subsequent New Value Defense to Bankruptcy Preference Claims

burbageweddell — Tue, 02 Dec 2008 19:56:10 +0000

The subsequent new value defense is perhaps the most used defense. It is, from a books and records perspective, the easiest defense to prove. The focus is »»

Mixing and Matching Defenses – Employing Multiple Defenses Against Multiple Claimed Preference Payments

burbageweddell — Tue, 02 Dec 2008 20:01:39 +0000

One of the most critical but often overlooked opportunities to defend bankruptcy preference claims regards the ability to apply multiple defenses when there have been multiple payments. »»

A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim

burbageweddell — Wed, 02 Jun 2010 19:26:57 +0000

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 »»