Bankruptcy Avoidance Actions: Navigating the Evolving Standards
Pursuing and Defending Preference and Fraudulent Transfer Actions
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss the standards and best practices for prosecuting and defending bankruptcy avoidance actions and analyze the Bankruptcy Code's limitations on and safe harbors for avoidance actions.
- Pursuing Avoidance Actions
- Chapter 5 actions
- Preferences; fraudulent transfers
- Liens on avoidance actions; releases
- Assignment of avoidance actions; standing
- State preference statutes
- Defending Avoidance Actions
- Defending preference actions
- Attacking plaintiff’s prima facie case
- Ordinary course of business
- New value
- Contemporaneous exchanges
- Other defenses
- Defending fraudulent transfer actions
- Defending preference actions
- Limitations of Avoidance Powers
- Mechanics liens
- Margin, settlement payments, securities contracts
- Repurchase agreements
- Master netting agreements
The panel will review these and other key questions:
- Under what circumstances may creditors bring avoidance actions?
- How are assets of the estate valued in determining whether the debtor is insolvent at the time of a transfer?
- What defenses do refinancing lenders have to avoidance actions and why timely perfection of the lien or security interest is critical?
- Does the discharge of claims by one bankrupt estate distinguish claims against it by another bankrupt estate?
Brian E. Greer
He has substantial experience in complex out-of-court and in-court restructuring matters. His practice focuses on the... | Read More
He has substantial experience in complex out-of-court and in-court restructuring matters. His practice focuses on the representation of domestic and foreign debtors, secured and unsecured creditors, creditors' committees, equity sponsors, senior management, financial advisors, and purchasers, sellers, and lenders in distressed M&A transactions.Close
Steven M. Yoder
Potter Anderson & Corroon
He is in the firm's Bankruptcy and Corporate Restructuring practice and heads the firm's representations of debtors.... | Read More
He is in the firm's Bankruptcy and Corporate Restructuring practice and heads the firm's representations of debtors. His practice focuses primarily on bankruptcy, restructuring, workouts and commercial litigation. He is also experienced in representing official committees, secured lenders, asset purchasers, equity security holders and other unsecured creditors in large bankruptcy cases in Delaware.Close
Frederick B. Rosner
Messana Rosner & Stern
His practice focuses on debtor's and creditor's rights as well as secured transactions, commercial litigation and... | Read More
His practice focuses on debtor's and creditor's rights as well as secured transactions, commercial litigation and general corporate law. He represents chapter 11 debtors, creditors' committees, secured and unsecured creditors, insurance companies, debtor-in-possession lenders, intellectual property licensors and investors in workouts and bankruptcy cases.Close
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Strafford will process CLE credit for one person on each recording. All formats include program handouts.
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