By Industry

Furniture manufacturing and supplying

• Transfers Made from Proceeds of Creditor’s Collateral – Are They Preferential?

Construction Industry

• Faster Payments During the Preference Period – Can They Be Protected By the Ordinary Course Defense?

• The Source of Preferential Payments – Is It Relevant To the Preference Analysis?

• Preference Issues in the Construction Industry

Oil & Gas

• Bankruptcy Clawback in the Oil and Gas Industry

Bank & Financial Institution

• Can a Payment that is Incurred Through Fraud Be In the Ordinary Course of Business?
• Can Summary Judgment Be Granted If Factual Issues Exist?

Supply of Products

Electrical Products

• Are the Debts Resulting From Agreements Changing the Scope of Business in the Ordinary Course?

Inventory

• Supplying the Products After Receipt of the Alleged Preferential Transfers – Is it New Value

Chemicals

• Payments Resulting From Collection Pressure – Are They Preferential?

Metals

• Sudden Change In the Mode of Payment During the Preference Period-Is It Out of the Ordinary Course?

Procurement and assembly of electronic modules

• Unusually Large Payments During the Preference Period – Can They Be In the Ordinary Course?

Business Consulting and restructuring

• Payments Resulting From the Deals Deviating From the Normal Scope of Work – Are They Preferential?

Renting of commercial property

• Baseline of Dealings For the Ordinary Course Defense – Who Bears the Burden To Establish It?

Food & Beverage Industry

What Is the Purpose Behind the New Value Exception?

Management Services

• Internal E-mail Listing the Assets and Liabilities – Is It Sufficient To Prove Debtor’s Insolvency?

Energy

• Change in the Scope of Work- Does the Industry Standard Defense Still Apply?

Law Firm Business

• Payments Received By a Conduit During the Preference Period – Are they Preferential?

• Is an Express Trust Constituted During the Preference Period Preferential?

• Non-Filing of the Creditor’s Claim Against the Debtor – How Does It Affect Court’s Jurisdiction?

Transport and Shipping

• The Preference Period Payments Match the Base Period Timing of Payments – Are they Preferential

• Bankruptcy Clawback in the Transportation and Logistics Industry

 Consulting

• Adversary Complaint – Who Bears the Burden of Proof of Service of Process?

Agriculture

• Preference Issues in the Agriculture Industry – Part 1 (PACA)
• Preference Issues in the Agriculture Industry – Part 2 (PASA)

Intellectual Property

• Preference Clawback in the Intellectual Property Industry
• Fraudulent Transfer Clawback in the Intellectual Property Industry

Individuals

• Creation of a Judgment Lien – Is It a Preferential Transfer?
• Transfer of a Security Interest in Property During the Preference Period–Is it Preferential?