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.

  • 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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