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.


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.


  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


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?


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

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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.


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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

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



Matthew Gensburg


Greenberg Traurig

Brian E. Greer



Douglas Lipke


Vedder Price

Victor Milione


Nixon Peabody

Steven B. Smith

Senior Consultant

JND Corporate Restructuring

Michael Solow


Kaye Scholer

Robert A. Weber


Skadden Arps Slate Meagher & Flom

or call 1-800-926-7926

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