Bankruptcy Preference Creditor's Digest

Assessing and Proving the Ordinary Course of Business Defense to a Bankruptcy Preference Claim

There are numerous “defenses” to a bankruptcy preference claim. The 3 most common defenses are:

the ordinary course of business defense, (which is described »»

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

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

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 »»

Sec. 547 – Preferences

From the U.S. Code Online via GPO Access *

[Laws in effect as of January 3, 2006 with Increase in threshold under Sec. 547(c)(9) from $5,000 to $5,475 »»