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.

  • More than 40 years of experience assisting individuals and businesses with complex bankruptcy protection, transaction, and litigation matters
  • Certified Bankruptcy Specialist (Arizona Board of Legal Specialization) and Certified Business Bankruptcy Specialist (American Board of Certification)
  • Respected lecturer and author on topics regarding bankruptcy, construction, and real estate
  • Named to the Super Lawyers’ Top 50 list of Arizona attorneys, selected as one of The Best Lawyers in America, and named as Lawyer of the Year (Scottsdale) in Bankruptcy and Creditor Debtor Rights and in Bankruptcy Litigation
  • Can be contacted at [email protected] or 480-212-1682

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