We have developed extensive materials addressing many of the most common issues that arise in connection with the defense of a bankruptcy preference claim.  These materials are outlined below.  Clicking on any of these outline items will take you to the identified material.

• Introductory Concepts
• Identifying the Potentially Preferential Transfer
• Contemporaneous Exchange Defense
• Ordinary Course of Business Defense
• Subsequent New Value Defense
• Multiple Payments – Multiple Defenses
• Books and Records
• Basic Bankruptcy Preference Terminology
• A 3 Question Initial Self Assessment
• Lesser Known Defenses
  • Venue Defense
  • Earmarking, Conduit and Agency
  • Small Commercial Preference Defense
  • Contract Assumption Defense
• THE PROCESS OF BANKRUPTCY PREFERENCE RESOLUTION
  • Bankruptcy Preference Claims Timing – Other Factors
  • The Bankruptcy Preference Recovery Decision – Who Makes It, How It Is Made
    • For 1786 Borders’ Suppliers and Other Creditors, Its Not Time to Close the Books
  • Bankruptcy Preference Claims Timing – The Statute of Limitations
  • The Art and Science of Negotiating Bankruptcy Preference Claims
  • Bankruptcy Preference Demand Letters
  • The Bankruptcy Preference Complaint
    • Part 1 – Introduction to Preference Complaint’s Elements
    • Part 2 – The Caption
  • Do I Need a Lawyer to Negotiate or Defend a Bankruptcy Preference Claim?
  • Creditors Committee Role in the Bankruptcy Preference Process