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Preference Claim Fundamentals

Gain an understanding of the best practice of preference claims and how to successfully assist clients. Oftentimes your client and/or company will receive a 'demand letter' in the mail advising that a customer filed for bankruptcy and that YOU are to return a payment the now Debtor made to you on account of a past due debt prior to the time they filed for bankruptcy. One will find themselves asking why they have to pay back a payment they received for a prior past due debt. This topic will help to explain why and how you might have to return that payment, what you can do to negotiate a favorable outcome and how to best protect yourself in the future. The information also explains the various defenses one may have to this so-called 'preferential transfer'. Failing to understand that there are defenses and strategies when one receives a demand letter or is sued for a preferential transfer is a common error made by companies and one that can easily be remedied with the right tools and knowledge.


Runtime: 76 minutes
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Why Lorman?

Over 32 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

Preference Actions: What Is a Preference?

  • Policy Considerations
  • Preference Defined
  • Special Rules That Apply to Preferences

Defending a Preference Action

  • Substantive Defenses
  • New Value Defense
  • Ordinary Course of Business Defense

Putting It All Together

  • Client Questions
  • How to Protect Yourself From Preferences/Preventive Measures
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Why Lorman?

Over 32 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 Webinar

This course was last revised on June 27, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 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

Kirk B. Burkley

Kirk B. Burkley

Bernstein-Burkley, P.C.

  • Partner in the office of Bernstein-Burkley, P.C.
  • Practice emphasizes all aspects of Bankruptcy & Restructuring and Business Law
  • Conducts regular seminars and workshops on numerous Bankruptcy & Restructuring and Business Law; he has lectured for The National Association of Credit Management (NACM), American Bankruptcy Institute, and the Pennsylvania Bar Institute
  • He is a regular contributor to the 5 Minute Legal Master Series®, a video series where expert attorneys help people master important legal topics
  • Written several publications related to the areas of bankruptcy and restructuring
  • J.D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University; 2002 Pitt Law recipient of the Center for Forensic Economic Studies Award for Excellence in Litigation; attended the University of Haifa Summer Law Institute, Haifa, Israel
  • Allegheny County Bar Association; Turnaround Management Association, Pittsburgh Chapter – secretary (2017), president (2016); American Bankruptcy Institute; Pittsburgh Regional Alliance (an affiliate of the Allegheny Conference) – Steering Committee member; American Board of Certification – Board member; Pittsburgh Downtown Development Corporation – Board member; City of Pittsburgh Planning Commission – secretary (2009-2014) and City of Pittsburgh Zoning Board of Adjustment – member (2009-2014)
  • Can be contacted at 412-456-8100, [email protected] or on Twitter @KirkBurkley and @BBLawFirmPA
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Why Lorman?

Over 32 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.

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Product ID: 401653
Published 2018
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