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
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
- 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
- Earmarking
- Mere conduit defense
- Involuntary bankruptcy issues
- 503(b)(9) impact on new value
- Assumed contract defense
- Critical vendor defense
- Claim waivers
- 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.
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.
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*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
Recorded Event
Includes full event recording plus handouts.
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.)
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Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
Webinar
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CLE Credits
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
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
I thought the program's content was excellent.
M. Sheinfeld
King & Spalding
The program got right to the substance and did not spend lots of time on background/basics, providing a very sophisticated treatment of the issues.
John Hall
Lewis Rice
Each speaker's topic was distinct. The written materials were also excellent and contained useful information and tips.
Una Kang
Saiber
I felt the program topic was well presented within the short time limit.
Kathy Pilkington
McGuireWoods
Bankruptcy Law Advisory Board
Adjunct Professor
Northeastern University
Partner
ForemanLaw
Matthew Gensburg
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Senior Consultant
JND Corporate Restructuring
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
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