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

  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. 


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

How does this work?


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.)

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

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Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

How does this work?


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.

Program Materials

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Program Materials

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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.

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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

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.