White Paper

5 Pages
  • 5 Pages

How to Defend a Preference Claim


Learn how changes to the Bankruptcy Code impacted preference claims.

Certain payments made on account of an antecedent debt are not preferences based on Section 547(c).  However, for purposes of this material, any position that could be advanced to defeat a preference claim will be identified as a defense. This white paper will review the difference between an insider and a non-insider and the controversy that revolves around the two. It also discusses debtors who engage in contemporaneous exchanges for new value prior to bankruptcy.



Randy Nussbaum

Randy Nussbaum

Sacks Tierney P.A.

  • Shareholder with Sacks Tierney P.A.
  • More than 40 years of experience with complex restructuring, bankruptcy protection (debtor and creditor), transaction and litigation matters
  • Certified Bankruptcy Specialist (Arizona Board of Legal Specialization) and a Certified Business Bankruptcy Specialist (American Board of Certification)
  • Received the Best Lawyers® 2019 Bankruptcy “Lawyer of the Year” and 2021 Bankruptcy Litigation “Lawyer of the Year” (Scottsdale)
  • Super Lawyers “Top 50 Arizona” list of attorneys multiple times
  • Frequent speaker and has written numerous publications
  • J.D. degree, Arizona State University; B.A. degree, cum laude, Arizona State University
  • Can be contacted at 480-212-1682 or [email protected]

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