Materials listing for Preference Elements

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 VIDEO series and what you can expect to learn in each part.
(video)
In this presentation, we talk about the basics:

the rules that apply to the vast majority of [...]

The Preferential Payment or Transfer

From the perspective of the preference claimant1 , the identification of a bankruptcy preference payment follows a fixed routine. The starting point is simply an identification of payments that cleared the debtor’s bank account during a period starting on the 90th day prior to the bankruptcy filing.  Depending upon what information is available to the [...]

When a Chapter 7 Trustee’s Failure to Plead a Preference Reaches Inexplicability

In a rare motion practice loss for a Chapter 7 Trustee, District of Delaware Bankruptcy Judge Brendan Linehan Shannon grants the motion of Defendant International Securities Exchange (“ISE”) to dismiss a bankruptcy preference avoidance complaint for failure to state a claim for relief.   Judge Shannon holds that the Chapter 7 trustee’s Section 547 preferential [...]

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 confusing.

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 on April 1, 2007 and from $5,475 to $5,850 on April 1, 2010 pursuant to 11 USC 104 to reflect the change in the Consumer Price Index for [...]

Delaware Bankruptcy Court – Must Name Transferor in Two Debtor Bankruptcy; 502(d) Count Not Viable Before Preferential Transfer Judgment

District of Delaware Bankruptcy Judge Mary F. Walrath grants motion of Mitsubishi Digital Electronics America, Inc (“Mitsubishi”) to dismiss a bankruptcy preference avoidance complaint for failure to state a claim for relief. In her May 1, 2012 opinion, Judge Walrath holds that the Chapter 7 trustee’s Section 547 preferential transfer count fails to sufficiently identify [...]

Barclays Capital Inc. Opposition to Pirinate Consulting Group’s Motion to Amend it Avoidance Complaint

09/23/2011 – Defendants Brief in Opposition to Plaintiffs Motion for Leave to Amend Complaint filed in the Spansion, Inc. Adversary Proceedings by Barclays Capital Inc. before Chief, U.S. Bankruptcy Judge Kevin J. Carey in the District of Delaware filed by Richards, Layton & Finger, P.A. (Wilmington, Delaware) attorneys Robert J. Steam, Jr., [...]

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