By Topic

Introduction to Bankruptcy Preference Laws

• Basic Preference Law

• Introduction to Preference Transfers and Fraudulent Conveyance Laws

• Introduction to the Bankruptcy Preference Laws – Part 1/5

• Green Field Energy Services, Inc. Bankruptcy Case – An Introduction to Preference Claims

• What Are the Preference Laws and Why They Should Be Amended?

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

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

• Preference Issues in the Construction Industry

• Bankruptcy Clawback in the Oil and Gas Industry

• Preference Clawback in the Intellectual Property Industry

Elements of a preference

• Introduction to the Bankruptcy Preference Laws – Part 2/5

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

• Can a Payment that is Incurred Through Fraud Be In the Ordinary Course of Business?

• Creation of a Judgment Lien – Is It a Preferential Transfer?

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

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

Insolvency of the Debtor

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

Property of the Debtor

Express trust

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

Contemporaneous Exchange Defense

• Introduction to the Bankruptcy Preference Laws – Part 3/5

Ordinary Course of Business Defense

• Introduction to the Bankruptcy Preference Laws – Part 4/5

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

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

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

• Payments Resulting From Collection Pressure – Are They Preferential?

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

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

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

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

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

Industry Standard Defense

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

New Value Defense

• Introduction to the Bankruptcy Preference Laws – Part 5/5

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

• What Is the Purpose Behind the New Value Exception?

Other defenses

• Esoteric Defenses to Bankruptcy Clawback

Fraudulent Conveyance Law – elements and defenses

• Basic Fraudulent Conveyance Law

• Introduction to Preference Transfers and Fraudulent Conveyance Laws

• Fraudulent Transfer Clawback in the Intellectual Property Industry

 Bankruptcy Law Procedure and Ethics

• Ethics of Buying Lawsuits or Claims

• Calculation of Lease Rejection Damage Claim

• Reclamation Right under Bankruptcy Code

• Ethics Issues and 9011 Sanctions in Bankruptcy Clawback Litigation 

Court’s Jurisdiction

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

Proof of Process of Complaint

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

Summary Judgment in Bankruptcy Avoidance Actions

• Can Summary Judgment Be Granted If Factual Issues Exist?