Advanced Preference Litigation in Bankruptcy: Leveraging Key Defenses
Payments to Trade Creditors, Earmarking, Critical Vendor, Claim Waivers and Set-Off Defenses
This program is postponed. New date TBD.
A live 90-minute premium CLE webinar with interactive Q&A
This CLE webinar will discuss commonly attacked transactions such as payments to trade creditors, loan workouts and payments to insiders. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs.
- Statutory preference defenses
- New value
- Ordinary course of business
- Contemporaneous exchange
- Specific preference claims and other defenses
- Loan workouts
- Payments to corporate insiders
- Motions to dismiss
- Mere conduit defense
- Involuntary bankruptcy issues
- 503(b)(9) effect on new value
- Assumed contract defense
- Critical vendor defense
- Claim waivers
- Setoff issues
The panel will review these and other notable questions:
- What are best practices for preventing a creditor from becoming a target of a preference action?
- What steps can be taken to minimize or eliminate preference exposure if a demand is received or an action is commenced?
- What is the standard for bringing preference actions against corporate insiders? Why is the burden tougher to establish these claims?
Howard A. Cohen
Director, Financial Restructuring & Creditors’ Rights
Mr. Cohen represents various entities, such as debtor-in-possession lenders, asset purchasers, and secured and... | Read More
Mr. Cohen represents various entities, such as debtor-in-possession lenders, asset purchasers, and secured and unsecured creditors in corporate restructuring and bankruptcy matters. He has a vast array of experience in corporate restructurings and Chapter 11 cases throughout the region, predominantly in Delaware. He also represents public and private corporations, as well as hedge funds, in 363 acquisitions, out-of-court restructurings, Chapter 7 liquidations, and Chapter 11 proceedings.Close
Michael W. Yurkewicz
Klehr Harrison Harvey Branzburg
Mr. Yurkewicz represents corporations in a broad range of transactional and litigation matters that confront... | Read More
Mr. Yurkewicz represents corporations in a broad range of transactional and litigation matters that confront businesses in financial distress and non-distressed businesses in their dealings with distressed companies. He regularly represents debtors, secured and unsecured creditors, asset purchasers, trusts, and appointed committees in complex bankruptcy proceedings.Close