This is the second post devoted to defenses against preference avoidance actions. It covers the so-called ordinary course of business defense. Defenses To Preference Avoidance Actions, Part II: The Ordinary Course Of Business Defense Suppose a corporate debtor in Chapter 11 has a lease on the building in which it conducts its business. Suppose the… Continue Reading
Defenses against a preference avoidance action.
The trustee can undo preferential transfers, so the debtor loses the imagined benefit from making the payment.
I’m back. I have been busy writing a book on Chapter 13 bankruptcy — I was asked to do so by a publisher. I should have it completed in a few months, so watch for it. In any event, I am ready to start posting again. Some time ago I posted on preferential transfers (a.k.a…. Continue Reading
I will be covering the topics of : 1) Preferential Transfers: Preference Actions and Substantive Defenses, 2) Fraudulent Transfers: Actual Intent and Affirmative Defenses, and 3) Appellate Procedure and Strategies: Appeals from Final Orders and Interlocutory Appeals. I will present this talk at the National Business Institute’s “Bankruptcy Litigation 101” seminar in Orange, CA on May 8,… Continue Reading