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

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 »»

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 »»

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

[Last updated: September 5, 2011] At the same time as Congress established a jurisdictional threshold requirement for bringing a preference claim, it also restricted the location of »»

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 »»

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 »»

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. »»

For 1786 Borders’ Suppliers and Other Creditors, Its Not Time to Close the Books

burbageweddell — Tue, 26 Jul 2011 17:03:12 +0000

1786 creditors received a total of $485 million in payments from Borders, Inc. or its co-debtors (“Borders” or the “Debtors”) in the 90 days before their bankruptcy. »»

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

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

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 »»