Bankruptcy Preference Actions: Litigating the Ordinary Course of Business Defense When Nothing is Ordinary
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review the ordinary course of business defense to preference actions. The program will help counsel identify new strategies applicable when practices between the parties and in their industry are or have become anything but ordinary. The panel will also explore the limits on the bankruptcy court's discretion in interpreting "ordinary."
Outline
- Introduction
- Understanding the debtor's billing processes
- Ordinary between the parties
- Ordinary terms
- Impact of the CAA
Benefits
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?
Faculty
Brendan G. Best
Partner
Varnum
Mr. Best is a partner, chair of Varnum's Restructuring Group, and co-leader of the Banking, Restructuring, and... | Read More
Mr. Best is a partner, chair of Varnum's Restructuring Group, and co-leader of the Banking, Restructuring, and Finance Practice Team. His practice focuses on complex Chapter 11 restructurings, out-of-court workouts, and insolvency-related transactions and litigation. He has substantial experience advising stakeholders in insolvency-related matters across a wide array of industries including manufacturing, automotive, building supply and service, energy, oil and gas, health care, food service, gaming, hospitality, construction, and real estate.
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Deborah Kovsky-Apap
Partner
Troutman Pepper
Ms. Kovsky-Apap focuses her practice on bankruptcy and out-of-court workouts. She also has substantial litigation... | Read More
Ms. Kovsky-Apap focuses her practice on bankruptcy and out-of-court workouts. She also has substantial litigation and trial experience in the areas of bankruptcy, commercial and securities law. She handles healthcare matters, representing official committees of unsecured creditors, major unsecured creditors and asset purchasers in Chapter 11 bankruptcies of hospitals, skilled nursing facilities, long-term care and rehabilitation facilities and centrally managed medical clinics.
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Brian Phillips
Director
Capstone Partners
Mr. Phillips is a Director with Capstone Headwaters’ Financial Advisory Services (FAS) Group. With 30 years of... | Read More
Mr. Phillips is a Director with Capstone Headwaters’ Financial Advisory Services (FAS) Group. With 30 years of experience in both the private sector and public accounting, including more than 20 years as an advisor, he has amassed diverse experience in a wide range of industries. Specializing in turnaround and crisis management, profit enhancement and debt restructuring, Mr. Phillips has represented debtors, creditors and customers including automotive supply, manufacturing, retail, not-for-profit, government, technology, and service industries.
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