White Paper

4 Pages
  • 4 Pages

Preference Law: Application in Chapter 7, 11, and 13 Cases


Learn how preferences are pursued.

The vast majority of preference law is unique to the Bankruptcy Code. Though in certain instances an aggrieved creditor can bring a claim under state law when that creditor’s debtor prioritizes payments to third parties, the ability to do so is very difficult and subject to relatively strict statutory and judicial parameters. On the other hand, recovering preferential payments in bankruptcy is far easier than under state law because the Bankruptcy Code provides specific statutory authority to recover such payments. Section 547 applies in all forms of bankruptcy, be it Chapter 7, 11, or 13* . Nevertheless, there are some practical differences in how preference claims are pursued depending upon the bankruptcy Chapter. This white paper reviews how preference law applies to Chapter 7, 11, or 13 cases.



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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