Gain an understanding of the best bankruptcy preference that correlates with specific client needs.
Preference law is controversial because it is designed to punish creditors which are paid in advance of a bankruptcy filing by that creditor's debtor. It's also extremely frustrating because it punishes creditors that are conscientious in being paid either out of economic necessity or company policy. This topic will explain strategies for creditors to proactively avoid a preference challenge, outline defenses, many of which are oftentimes overlooked, and educate debtors as to when preference recoveries can work to their benefit.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Brief Introduction to Preference Law
- Statutory Definition
- General Defenses
- Application in Chapter 7, Chapter 11, and Chapter 13
- How Pursued
Potential Defenses
- Insider vs. Non-Insider
- Contemporaneous Exchange
- Ordinary Course Transaction
- New Value
Unusual Issues in Preference Litigation
- Danger of Involuntary Cases
- Domestic Relations Claims
- Tax Claims
- Determining When a Payment Is Actually Made
- Collectability Issues
Debtor Strategies
- Why a Chapter 7 Debtor May Want Preferences Recovered
- When a Debtor Does Not Want to Be Facing a Preference Recovery
- Benefits in Chapter 11 and Chapter 13
- Potential 11 U.S.C. § 523 Issues
Credit
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on November 1, 2018.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Randy Nussbaum
Sacks Tierney P.A.
- Shareholder with Sacks Tierney
- More than 38 years of experience with complex bankruptcy protection (debtor and creditor), transaction and litigation matters
- Certified Bankruptcy Specialist and a Certified Business Bankruptcy Specialist American Board of Certification
- Received the Best Lawyers® 2019 Bankruptcy “Lawyer of the Year” award in Scottsdale
- 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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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
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