Hot Issues and Litigation Strategy Involving Preference Claims

Accreditation Wreath Icon AL
SKU: BNK400
All Courses Available iOS/Android Web

All Courses Available iOS/Android Web

About This Course

Reports of financial fraud by large corporations seem relentless and even the hint of deceit must be mitigated. One particularly hot issue is that of claims of preference in the payment of debts before declarations of bankruptcy.

This essential CLE course will explain how to avoid the intimation of preference through a review of:

  • Advising companies prior to bankruptcy
  • Analyzing common defenses
  • Exploring the effect of § 503(b)(9) (Administrative Claims), § 546(c)(1) (Expanded Reclamation Rights)
  • Understanding payments under critical vendor orders on the new value defense
  • Preference avoidance actions in bankruptcy estates
  • The establishment of heightened pleading standards under Twombly and Iqbal
  • Defense of involuntary gap period avoidance claims
  • New Delaware mediation rules for preference actions.
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