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

A live 90-minute CLE webinar with interactive Q&A


Thursday, June 29, 2017 (in 3 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

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

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

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.

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

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. 


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The program provided excellent coverage of preferences and defenses as well as current law affecting this area.

Carol Faherty

Ivey Barnum & O'Mara

The program material was very well organized and thorough.

Laura Buckley

Higgs, Fletcher & Mack

I thought the speakers were very well versed.

Richard A. Graham

White & Case

Good seminar. The webinar was very informative and practical.

Frank M. Schepers

Lamson, Dugan and Murray

The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.

Gregory Fox

Friedman Kaplan Seiler & Adelman

or call 1-800-926-7926

Bankruptcy Law Advisory Board

Mark N. Berman

Adjunct Professor

Northeastern University

Michael E. Foreman

Partner

ForemanLaw

Matthew Gensburg

Shareholder

Greenberg Traurig

Brian E. Greer

Partner

Dechert

Douglas Lipke

Shareholder

Vedder Price

Victor Milione

Partner

Nixon Peabody

Steven B. Smith

Senior Consultant

JND Corporate Restructuring

Michael Solow

Partner

Kaye Scholer

Robert A. Weber

Counsel

Skadden Arps Slate Meagher & Flom

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.