Leveraging Bankruptcy Preference Defenses: Trade Creditor Payments, Earmarking, Critical Vendors, Claim Waivers, Set-Offs

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, June 29, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss commonly attacked transactions such as payments to trade creditors or insiders and loan workouts. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs.

Description

Bankruptcy litigators representing clients in preference litigation must anticipate specific preference claims that arise in commonly attacked transactions such as payments to trade creditors, loan workouts and payments to insiders.

Several cases in recent years have refined, limited or expanded the standards, defenses and limitations on preference actions. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs, and will discuss strategies to minimize exposure to preference claims.

Listen as our authoritative panel of bankruptcy practitioners guides you through the key defenses to preference actions in bankruptcy proceedings, discusses recent developments in preference litigation, and outlines best practices for minimizing preference liability.

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Outline

  1. Statutory preference defenses
    1. New value
    2. Ordinary course of business
    3. Contemporaneous exchange
  2. Specific preference claims and other defenses
    1. Loan workouts
    2. Payments to corporate insiders
    3. Motions to dismiss
    4. Earmarking
    5. Mere conduit defense
    6. Involuntary bankruptcy issues
    7. 503(b)(9) impact on new value
    8. Assumed contract defense
  3. Critical vendor defense
    1. Claim waivers
    2. Set-off issues

Benefits

The panel will review these and other key issues:

  • 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 are the specific preference claims and other defenses available in bankruptcy cases?

Faculty

Cohen, Howard
Howard A. Cohen
Director, Financial Restructuring & Creditors’ Rights
Gibbons

Mr. Cohen represents various entities, such as debtor-in-possession lenders, asset purchasers, and secured and...  |  Read More

Yurkewicz, Michael
Michael W. Yurkewicz
Of Counsel
Klehr Harrison Harvey Branzburg

Mr. Yurkewicz represents corporations in a broad range of transactional and litigation matters that confront...  |  Read More

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