Preferences and Fraudulent Transfers

CLE: 1

Elements and common defenses to preference and fraudulent transfer claims, and tips for efficiently litigating and resolving these claims in bankruptcy court will be discussed during this live on-line webinar. Preference and fraudulent transfer actions allow entities that have filed for bankruptcy protection (debtors) and bankruptcy trustees to avoid certain pre-bankruptcy transfers so that those transfers (or their value) can be recovered and redistributed to creditors. Avoiding prepetition transactions prevents aggressive creditors from obtaining favorable treatment as a debtor slides into bankruptcy.

Course curriculum

  • 1

    Welcome to the course!

    • How to use this course

    • Course Overview

    • Before we begin...

  • 2

    Unit 1: Commencing an Adversary Proceeding

    • Overview

    • Governing Law and Rules

    • Adversary Proceedings vs. Contested Matters

  • 3

    Unit 2: Preference Claims

    • Overview

    • Look-Back Periods for Non-Insiders and Insiders

    • Requirements of a Preference Claim

    • Common Statutory Defenses to Preference Claims

  • 4

    Unit 3: Fraudulent Transfer Claims

    • Overview

    • Intentional Fraudulent Transfers

    • Constructive Fraudulent Transfers

    • Common Statutory Defenses to Fraudulent Transfer Claims

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