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White Paper

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Avoidable Preferences and the Bankruptcy Code

 

Understand the elements of an avoidable preference.

The bankruptcy code allows the trustee or debtor-in-possession to bring into the bankruptcy estate certain assets transferred shortly before the filing of the case. The policy underlying this procedure is that the debtor should not be allowed to prefer certain persons or creditors over other similarly situated creditors. If the bankruptcy court finds that a particular transfer was a preference, then the transfer is avoided. This white paper reviews avoidable preferences and the exceptions, as well as Chapter 7 liquidation and exempt assets.

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Avoidable Preferences and the Bankruptcy Code

Agenda

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Avoidable Preferences and the Bankruptcy Code

Faculty

Michael R. King

Michael R. King

Gammage & Burnham, PLC

  • Founding member of Gammage & Burnham
  • Practice emphasizes creditors’ rights and construction issues, and also includes consulting and supervising throughout the firm’s areas of business
  • Includes emphasis on creditors’ rights, bankruptcy cases, general litigation, loan documentation, workouts, foreclosures and forcible detainers, as well as deficiency collection and accounts collection
  • Client list includes banks, mortgage companies, distributors in various industries and leasing companies
  • Former director of the Arizona Chapter of the National Association of Credit Managers (NACM)
  • Named Best Lawyer in the areas of bankruptcy and creditor debtor rights for the last 10 years by Best Lawyers in America
  • Ranked as a Super Lawyer by Super Lawyers
  • Ranked as one of Arizona’s Finest Lawyers by Arizona’s Finest Lawyers Foundation
  • Can be contacted at https://www.gblaw.com/professional/michael-r-king/
Pat Derdenger

Pat Derdenger

Lewis Roca Rothgerber Christie LLP

  • Partner in the Phoenix office of Lewis Roca Rothgerber Christie LLP
  • Emphasizes his practice on federal, state, and local taxation law and is certified as a tax law specialist by the Arizona State Bar
  • On June 15, 2017, he received the State Bar of Arizona’s Top Tax Attorney award
  • Has been listed in The Best Lawyers in America since 1995 and has been listed in Southwest Super Lawyers for state, local, and federal taxation since 2007
  • In his extensive state and local tax practice, he advises and represents his business clients on corporate and individual income, sales, use, and property tax matters, including litigation of those matters at all levels audits and appeals through various administrative stages, the tax court, court of appeals and Supreme Court
  • Represents clients in tax litigation as well as counsels them on the state and local tax implications of their business transactions
  • Frequent lecturer on state and local tax subjects to a wide variety of professional audiences
  • J.D. degree, University of Southern California Law School; LL.M. degree in taxation, George Washington University School of Law; M.B.A. degree, University of Southern California Marshall School of Business; B.A. degree, Loyola University of Los Angeles
Karen Jurichko Lowell

Karen Jurichko Lowell

Lewis Roca Rothgerber Christie LLP

  • Associate the Phoenix office of Lewis Roca Rothgerber Christie LLP
  • Focuses practice on sales, use, and property tax matters, including tax audits and appeals through various administrative stages, the tax court, and the court of appeals
  • Advises manufacturers, high tech companies, construction contractors and developers, electric utilities, solar energy companies, and other clients on various multistate sales and use tax issues, including advising e-commerce businesses on their multistate sales and use tax nexus and collection obligations
  • Experienced with property tax valuation appeals for various types of industrial and commercial properties, corporate transactions, and health care taxes
  • J.D. degree and Certificate of Tax Law and Policy, magna cum laude, University of Arizona, James E. Rogers College of Law; B.S. degree, University of Southern California
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Avoidable Preferences and the Bankruptcy Code

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