Bankruptcy Preference Creditor's Digest

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 »»

Bankruptcy Preference Claims Timing – The Statute of Limitations, Other Factors

Last updated September 7, 2011.  The timing of preference claims is affected by 3 major factors:  the statute of limitations; the desire of the debtor to re-establish »»

The Art and Science of Negotiating Bankruptcy Preference Claims

Last Modified on August 14, 2010

The negotiation of preference claims is the most critical step in the bankruptcy preference resolution process.   Based on our experience, more than »»

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 »»

Bankruptcy Preference Demand Letters

In the vast majority of cases, the process of initiating the bankruptcy preference claim process starts with an initial demand letter, which if ignored, usually is followed »»

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 »»

Do I Need a Lawyer to Negotiate or Defend a Bankruptcy Preference Claim?

You need a competent legal counsel to negotiate or otherwise defend a bankruptcy preference or other avoidance action.  Why?  The following is a list of just a »»

Creditors Committee Role in the Bankruptcy Preference Process

The members of the creditors committee are selected by the United States Trustee assigned to the particular bankruptcy.  The creditors committee is charged with representing the interests »»

Sample Request for Production of Documents in Adversary Proceeding

The following is an actual set of requests for production of documents served on one of our clients in a bankruptcy preference adversary proceeding.  This is a »»