Bankruptcy Preference Creditor's Digest » bankruptcy preference

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

burbageweddell — Sun, 12 Apr 2009 17:30:38 +0000

Last Modified: June 14, 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

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 »»

$11,725 (Pre-April 1, 2010 $10,950) Threshold for Bankruptcy Preference Venue Impediment to Claims

burbageweddell — Mon, 03 Aug 2009 04:23:11 +0000

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 »»

Part 1 – The Uniformity of Bankruptcy Preference Complaints, the Basics of Adversary Proceedings, and the 5 Elements of the Complaint to Recovery Avoidable Transfers

burbageweddell — Fri, 02 Apr 2010 12:43:25 +0000

We have developed a 5 part video series entitled: “Video Review of the Elements of an Adversary Proceeding Complaint to Recover Bankruptcy Preferences.”

Part 1, which is provided »»

Part 2 – The Caption of the Adversary Proceeding Complaint

burbageweddell — Tue, 06 Apr 2010 03:29:04 +0000

This is Part 2 of our series on the elements of an adversary proceeding complaint is provided below. This second part is entitled: “The Caption of »»

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 »»

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

burbageweddell — Fri, 09 Jan 2009 15:02:21 +0000

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 »»

BANKRUPTCY PREFERENCE BASIC CONCEPTS, DEFENSES

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

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 »»

Introductory Concepts

burbageweddell — Tue, 02 Dec 2008 17:18:43 +0000

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 »»