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Provided by: Lorman Education Services Bankruptcy Preferences |
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Training
Provided by Lorman Education Services
nLenders, borrowers, vendors and purchasers alike all risk receiving a notice from a bankruptcy trustee demanding a return of funds, legitimately paid out by the debtor, as a preference. Attorneys representing debtors, trustees and creditors must be intimately familiar with the elements required to prove a preference and as well as to defend against one. This teleconference will provide an in-depth analysis of the elements, defenses and procedure involved in litigating preference actions.
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Bankruptcy Preferences
Agenda
- The Broad Concept of the Term "Transfer" Under §101 of the Bankruptcy Code
- Elements of a Transfer in a Preference Analysis
- Controlling Law in a Preference Analysis
- Elements of Preferential Transfers Under 11 U.S.C. § 547
- Who Is a Creditor for Purposes of a Preference?
- What Is a Claim for Purposes of a Preference?
- What Is an Antecedent Debt for Purposes of a Preference?
- Determination of Insolvency for Purposes of a Preference
- When Does a Transfer Occur for Purposes of a Preference?
- Who Is an Insider for Purposes of a Preference?
- What Transfers Do and Don't Enable a Creditor to Receive More Than Under a Chapter 7 Liquidation?
- Defenses to Preference Actions
- Contemporaneous Exchange for New Value
- Ordinary Course Transfers
- Safe Harbor Provisions for Secured Claims
- New Value Defense
- Floating Liens
- Statutory Liens
- Domestic Support Payments
- Transfers Below Certain Minimum Levels
- Payments Made Pursuant to Alternative Repayment Programs
- Practice and Procedure in Preference Litigation
- Statute of Limitations
- Standing to Pursue Preference Claims
- Burden of Proof
- Adversary Proceedings to Recover Preferences
- Recovery of Preferential Transfers Under §550
About The Training Provider: Lorman Education Services
Lorman Education Services - Lorman Education is dedicated to providing cost-effective training opportunities that meet the needs of our members and enhance their skills, knowledge, and competencies.
Please use Priority Code 16175 when registering.
Lorman Education Services began offering continuing education seminars in 1987.
Lorman Education is dedicated to providing cost-effective training opportunities that...
