Originally aired December 10, 2009. Recovery of “voidable” preferential transfers pursuant to Section 547 of the Bankruptcy Code remains a significant source of asset recoveries in Chapter 11 and Chapter 7 bankruptcy cases, frustrating lenders and other creditors who diligently monitor their exposures to borrowers and customers. Successful prosecution of preference claims requires establishing numerous elements and is subject to various defenses. A proper understanding of the preference elements and potential defenses can reduce or eliminate preference exposure.
What are the elements that need to be established and the defenses that might be available to you? The webinar will address matters relating to:
· Establishing the Elements of a Preference
· Applicable Statute of Limitations to Commence Preference Claims
· The Consequences of “Avoiding” a Preference
· Potential Defenses to a Preference Claim
· Preference Issues Relating to Purchase Money Security Interests
· How to “Chart” a Possible “New Value” Defense to a Preference
· Analyze Potential “Floating Lien/Improvement of Position” Preference Exposures
· Negotiation and Litigation Strategies in Defending Preference Claims
Presented by: Steven B. Soll, Partner, Otterbourg Steindler Houston & Rosen, P.C.