Burbage Weddell LLC law articles about bankruptcy preference
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 »»
Basic Bankruptcy Preference Terminology
Bankruptcy preference law uses confusing and often counter-intuitive terminology. This article focuses on a few of the bankruptcy preference terms that seem to be most »»
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 »»
$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 »»
Bankruptcy Preference Claims Timing – The Statute of Limitations, Other Factors
Last Modified on January 31, 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 »»
Introductory Concepts
In this Introduction to the VIDEO series, we will discuss the the basics of bankruptcy preference actions. This section also outlines the remaining 6 parts of the »»
Bankruptcy Preference Statute of Limitations Trustee Appointment Extension
The HomeBanc Mortgage Corporation bankruptcy was filed on August 9, 2007, well over 2 years and 5 months ago. This week 386 bankruptcy preference adversary proceeding complaints »»
The Art and Science of Negotiating Bankruptcy Preference Claims
Last Modified on January 26, 2010
The negotiation of preference claims is the most critical step in the bankruptcy preference resolution process. Based on our experience, more than »»
The Preferential Payment or Transfer
From the perspective of the debtor’s preference claim representative (the debtor in possession, creditors committee or plan representative (in the case of a reorganization)) or a »»
Can Pre-Petition Deliveries Provide a Bankruptcy Preference “New Value” Defense and Section 503(b)(9) Administrative Expense?
Does a supplier have to choose between asserting a subsequent new value bankruptcy preference defense and making a Section 503(b)(9) administrative expense request? Judge Marian F. Harrison »»
Debtors’ Bankruptcy Preference vs Administrative Expense Ploy – A Tactic that Needs to be Stopped
In adding Section 503(b)(9) in the 2005 amendments to the Bankruptcy Code, did Congress intend that the supplier beneficiaries of the new section would wear a sign »»
Bankruptcy Preference Demand Letters
Last Modified on January 26, 2010
In the vast majority of cases, the process of initiating the bankruptcy preference claim process starts with an initial demand letter, which »»
Best, Worst Examples of Using 503(b)(9) Claims to Settle Bankruptcy Preference Claims
Increasing instances of administrative insolvency, especially in the automotive sector, have caused many suppliers to question the value of 503(b)(9) claims. Even when administrative expense claims are »»
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 »»
Assessing and Proving the Ordinary Course of Business Defense to a Bankruptcy Preference Claim
Last Modified: February 12, 2010
There are numerous “defenses” to a bankruptcy preference claim. The 3 most common defenses are:
the ordinary course of business defense, »»
The Lawyer’s Role
Yes, you need a bankruptcy preference lawyer to Negotiate a Settlement of a Bankruptcy Preference.
Why? The proper assessment of the settlement of a bankruptcy preference claim »»
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 »»
Assessing and Proving the Subsequent New Value Defense to Bankruptcy Preference Claims
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 »»
