Advanced Preference Litigation in Bankruptcy: Leveraging Key Defenses
Payments to Trade Creditors, Earmarking, Critical Vendor, Claim Waivers and Set-Off Defenses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss commonly attacked transactions such as payments to trade creditors, loan workouts and payments to insiders. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers and set-offs.
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) effect on new value
- Assumed contract defense
- Critical vendor defense
- Claim waivers
- Setoff issues
Benefits
The panel will review these and other notable questions:
- 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 is the standard for bringing preference actions against corporate insiders? Why is the burden tougher to establish these claims?
Faculty
Amy J. Swedberg
Partner
Maslon
Ms. Swedberg specializes in creditor’s rights and bankruptcy. Her practice focuses primarily on... | Read More
Ms. Swedberg specializes in creditor’s rights and bankruptcy. Her practice focuses primarily on representing lenders and other commercial creditors, asset purchasers, receivers, creditor’s committees and adversary proceeding defendants. Ms. Swedberg also assists lenders in real estate foreclosures, receiverships, pursuing loan collateral and negotiating workouts. She served on the Board for the Turnaround Management Association (TMA) for seven years and was President in 2018. Ms. Swedberg currently serves on the Board for the Minnesota Chapter of Intentional Women’s Insolvency & Restructuring Confederation (IWIRC), served as President of the Minnesota State Bar’s Bankruptcy Section, and is the Board President for two nonprofit organizations.
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Michael L. Temin
Senior Counsel
Fox Rothschild
Mr. Temin is a Fellow of the American College of Bankruptcy and was formerly its Scholar in Residence and a Regent. He... | Read More
Mr. Temin is a Fellow of the American College of Bankruptcy and was formerly its Scholar in Residence and a Regent. He was Chairman of the Eastern District of Pennsylvania Bankruptcy Conference; Chair of the Rules Subcommittee and Vice-Chair of the Chapter 11 Subcommittee of the Business Bankruptcy Committee of the Business Law Section of the American Bar Association; Chairman of the Bankruptcy Committee of the Business Law Section of the Philadelphia Bar Association. Mr. Temin is the update author of Cherkis & Temin, Collier Real Estate Transactions and the Bankruptcy Code, a contributing author of Collier on Bankruptcy, of the Collier Practice Guide and of the Bankruptcy Litigation Manual. He was an Adjunct Professor at the University of Pennsylvania Law School where he taught courses on Chapter 11.
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