Preference Claims in Bankruptcy Litigation: Statutory Defenses You Must Consider
Preference claims in bankruptcy litigation have long been a subject of concern among creditors. As significant cases continue to refine and expand this legal landscape, litigators must always expect the emergence of new complexities that may reshape how they defend their clients.
In light of this, creditors and related practitioners must be aware of the significant developments in this area of law in order to implement effective strategies in avoiding exposure to preference liability. Being in the loop of the recent preference claims is an important step to successfully navigate their ways.
In this LIVE Webcast, bankruptcy litigators John Morris (Pachulski Stang Ziehl & Jones) and Michael Klein (Cooley) will provide the audience with an in-depth analysis of the key statutory defenses available for creditors. Speakers will also discuss the current issues concerning preference claims as well as significant amendments to the Bankruptcy Code. As experts, they will also present practical tips and strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Preference Claims in Bankruptcy Litigation – Recent Trends and Developments
- Section 547 (c) of the Bankruptcy Code
- Bankruptcy Code Amendments and Its Impact on Bankruptcy Litigation
- Key Statutory Defenses
- Tips and Strategies
John Morris, Partner
Pachulski Stang Ziehl & Jones LLP
- What Is A Preference?
- Policy Behind Preferences
- Implications of Preference Policy
- Proof of Insolvency
- Insolvency Tests
- Contemporaneous Exchange of New Value
- If There Is A Delay, Can the Transfer Still Be “Contemporaneous”?
Michael Klein, Special Counsel
- The presentation will focus on the key elements and recent developments surrounding efforts made by Bankruptcy Trustees and Debtors to avoid and recover payments made within 90 days of a bankruptcy commencement as preferences
- Factors that parties conducting business with distressed counterparties will be addressed
- The presentation will highlight how the key statutory defenses provided to transfer recipients are applied, including the “new value”, “contemporaneous exchange” and “ordinary course of business” defenses
- The discussion will include practice pointers on “what to expect” in the event that you are the subject of a clawback action.
Who Should Attend:
- Bankruptcy Lawyers
- Bankruptcy Professionals
- Trade Creditors
- Business Managers
- Loan Workout Officers
- In-house Counsel
- Top Level Management
John Morris, Partner at Pachulski Stang Ziehl & Jones, has considerable experience litigating complex business, commercial, and bankruptcy-related matters, including contested sale motions, breach of contract and breach of fiduciary duty cases, valuation disputes, fraudulent transfer and preference cases, and claim objections. As lead trial counsel, Mr. Morris has tried numerous cases in bankruptcy, federal, and state courts, and has arbitrated and mediated numerous matters. In addition, Mr. Morris has been actively involved in several matters originating from the Cayman Islands, including the representation of liquidators of certain investment funds in substantial commercial litigation in the United States, as well as several cases arising under chapter 15 of the Bankruptcy Code.
John Morris, Partner at Pachulski Stang Ziehl & Jones, has considerable experience litigating complex business, commercial, and bankruptcy-related matters, including …
Michael Klein is an attorney in Cooley’s business restructuring and reorganization practice. He focuses on both the transactional and litigation aspects of Chapter 11 bankruptcy reorganizations and liquidations across a wide range of industries. Michael frequently represents creditors' committees and debtors, purchasers of distressed assets, landlords, individual creditors and secured lenders in chapter 11 cases. In 2015-2019, Michael was named a New York Rising Star by New York Super Lawyers magazine. Michael is also a member of the Turnaround Management Association, has authored numerous articles in the TMA Journal of Corporate Renewal, and has served on the journal's Editorial Advisory Board and Education Oversight Committee.
Michael Klein is an attorney in Cooley’s business restructuring and reorganization practice. He focuses on both the transactional and litigation …
Print and review course materials
Method Of Presentation:
General knowledge of bankruptcy laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Pachulski Stang Ziehl & Jones LLP
Pachulski Stang Ziehl & Jones LLP (PSZJ) is the nation’s leading corporate restructuring boutique, with offices in Los Angeles, San Francisco, Wilmington (DE), New York and Costa Mesa. PSZJ attorneys are experienced in representing all major constituencies in bankruptcy proceedings and out-of-court workouts, including debtors, committees, trustees, bondholders, asset-purchasers and third-party plan proponents. PSZJ also handles sophisticated business litigation and transactional matters as part of its renowned U.S. News & World Report “Tier One” Restructuring Practice.
About Cooley LLP
Clients partner with Cooley on transformative deals and high-stakes litigation, where innovation meets the law. Cooley's business restructuring & reorganization practice group is an experienced team that possesses a deep understanding of bankruptcy principles and law, outstanding litigation and corporate drafting ability and solid business sense. The team is a recognized leader, playing key roles in some of the most complex and high-profile bankruptcy and restructuring cases throughout the US, UK and other countries. Cooley has 1,100+ lawyers across 16 offices in the United States, Asia and Europe.