Who is the Preference Collector?

In a Chapter 11, the debtor is the first owner of preference claims (also referred to frequently as "avoidance actions").  If the debtor is still a "debtor in possession" when the adversary proceeding is brought, then you will be dealing with one of two sets of lawyers - either the debtor's lawyers or the lawyers for the creditors committee.  (In some cases, the bankruptcy court will order the creditors committee to take over the task of collecting preferences.)

If a "Plan of Liquidation" has been approved in the bankruptcy case, the preference action can be brought by the debtor, the creditors committee or the "plan administrator".  This was the situation when the sample complaint below was filed.

If the Chapter 11 has been converted to a Chapter 7, the trustee is the "plaintiff" in the adversary proceeding.  The trustee's lawyers are the lawyers who you will be dealing with.  The trustee's lawyers may have been hired just for the purpose of bringing preference actions.  In other words, they may be case "newbes".  They may know nothing about the debtor or the business you conducted with the debtor other then the payments you received in the preference period.

If the debtor has sold all or most of its assets in a court approved bankruptcy sale (a "Section 363 Sale"), then the right to bring bankruptcy preference claims may have been sold to the purchaser as part of the Section 363 Sale.   If this purchaser buys the preference claims and decides to pursue collection, then you might be dealing with the purchaser and its lawyers.