Topic
Preference Actions
210 published works
Delaware Bankruptcy Update
Minimizing Preference Exposure – Require Prepayment for Goods or Services
One question that clients often ask is what measures can be taken to reduce preferential exposure when dealing with a company that is sliding into financial insolvency. Under Section 547…
Southern California Bankruptcy Law Blog
Preferential Transfers IV: Defenses to Preference Avoidance Actions (Part I)
Defenses against a preference avoidance action.
In Solvency
Preference Actions Filed in Open Range Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
Last week, Charles M. Forman, acting as Chapter 7 Trustee (the “Trustee”) for Open Range Communications (“Open Range”) began filing complaints to recover what the Trustee contends are avoidable preferences.…
Delaware Bankruptcy Update
Non-Debtors Are Not The Correct Party To Bring Preference Actions
Summary In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the…
In Solvency
Non-Debtors Are Not The Correct Party To Bring Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
Summary In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the…
Delaware Bankruptcy Update
Graceway Pharmaceuticals Trustee Files Preference Complaints
On September 13th, the Liquidating Trustee (the “Trustee”) in the Graceway Pharmaceuticals (“Graceway”) bankruptcy filed preference complaints against approximately 25 different defendants. The Trustee is seeking to avoid and recover…
In Solvency
Graceway Pharmaceuticals Trustee Files Preference Complaints
By Fox Rothschild LLP, Fox Rothschild LLP
On September 13th, the Liquidating Trustee (the “Trustee”) in the Graceway Pharmaceuticals (“Graceway”) bankruptcy filed preference complaints against approximately 25 different defendants. The Trustee is seeking to avoid and recover…
Delaware Bankruptcy Update
Pirinate Consulting, Trustee in NewPage Bankruptcy, Files Preference Actions
Introduction Earlier this month, Pirinate Consulting Group LLC, in its capacity as Litigation Trustee (the "Trustee") of the NewPage Creditor Litigation Trust, began filing complaints in the Delaware Bankruptcy Court…
In Solvency
Pirinate Consulting, Trustee in NewPage Bankruptcy, Files Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction Earlier this month, Pirinate Consulting Group LLC, in its capacity as Litigation Trustee (the "Trustee") of the NewPage Creditor Litigation Trust, began filing complaints in the Delaware Bankruptcy Court…
Delaware Bankruptcy Update
Berkline/BenchCraft Plan Administrator Files Preference Actions
Introduction On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are…