Handling Preferences

It is a tale as old as time—debtors in possession and trustees bring actions to recover pre-petition transfers as preferences under Section 547 of the Bankruptcy Code. The recipients of such transfers assert that the transfers are not recoverable. Regardless of who you represent, Practical Guidance has got you covered with detailed practice notes and several templates, including, a complaint, an answer, and discovery requests.

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Related Content

• Fraudulent Conveyances versus Preference Actions
  Read this practice note for a discussion of the differences between fraudulent conveyance and preference actions under the Bankruptcy Code.

• Calculating Preference Defenses
  Review this practice note for information on the available defenses to a preference action.

• Complaint to Avoid and Recover Preferential Transfers
  Use this template when filing a preference action.

• Answer to Preference Complaint
  Use this template when answering a preference complaint.

• Interrogatories in Preference Action
  Use this template when representing a plaintiff seeking discovery in a preference action.

• Request for Admissions in Preference Actions
  Use this template when representing a plaintiff seeking discovery in a preference action.

• Request for Production of Documents in Preference Action
  Use this template when representing a plaintiff seeking discovery in a preference action.

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