Conduit Defense Against Preference Claims
Elements of Preferential Transfers and Defenses to Preference Claims
- An Introduction to Bankruptcy Preference Laws
- Preference Issues in the Agriculture Industry – Part 1 (PACA)
- Preference Issues in the Agriculture Industry – Part 2 (PASA)
- Preference Issues in the Construction Industry
- Bankruptcy Clawback in the Garment Industry
- Bankruptcy Clawback in the Oil & Gas Industry
- Bankruptcy Clawback in the Real Estate Industry
- Bankruptcy Clawback in the Staffing Industry
- Bankruptcy Clawback in the Transport and Logistics Industry
- Bankruptcy Clawback in the Intellectual Property Industry (Fraudulent Transfers)
- Bankruptcy Clawback in the Intellectual Property Industry (Preference Transfers)
Filing of Complaints in a Preference Action
Industry Standard Defense Against Preference Claims
Insolvency of the Debtor
New Value Defense Against Preference Claims
- What Is the Purpose Of the New Value Exception?
- Supplying the Products After Receipt of the Alleged Preferential Transfers – Is it New Value?
Ordinary Course of Business Defense Against Preference Claims
– Ordinariness of Debt
– Ordinariness of Transfers
- Sudden Change In the Mode of Payment During the Preference Period-Is It Out of the Ordinary Course?
- Payments Resulting From the Deals Deviating From the Normal Scope of Work – Are They Preferential?
- Faster Payments During the Preference Period – Can They Be Protected By the Ordinary Course Defense?
- The Source of Preferential Payments – Is It Relevant To the Preference Analysis?
- Are the Debts Resulting From Agreements Changing the Scope of Business in the Ordinary Course?
- Baseline of Dealings For the Ordinary Course Defense – Who Bears the Burden To Establish It?
- Payments Resulting From Collection Pressure – Are They Preferential?
- Unusually Large Payments During the Preference Period – Can They Be In the Ordinary Course?
Proof of Claim Against the Debtor in a Bankruptcy Case
Summary Judgment in a Preference Action
Valid Transfers for the Purpose of Preference Laws
- Transfer of a Security Interest in Property During the Preference Period – Is it Preferential?
- Creation of a Judgment Lien – Is It a Preferential Transfer?
- Is an Express Trust Constituted During the Preference Period Preferential?
- Transfers Made From Proceeds of Creditor’s Collateral – Are They Preferential?