Bankruptcy Preference Practice

Our bankruptcy practice is devoted primarily to representing defendants of preference and fraudulent conveyance actions against bankruptcy code 547. We also routinely represent creditors in defending turnover actions, asserting claims against bankruptcy estates and in motions to lift the automatic stay.

As commercial bankruptcy preference experts, we are committed to knowing preference and fraudulent conveyance defense litigation inside out. This means reviewing and analyzing the hundreds of preference and fraudulent conveyance judicial opinions issued each and every year. But we do more. We maintain a database of these opinions and related briefs as part of our precedent file. Why do we do that? So we can provide our clients with stronger defenses against preference or fraudulent conveyance cases.

Our preference law dedication works and we can prove it:

• We represented a nationally known brand sportswear manufacturer against a $900,000.00 preference lawsuit. The case was dismissed with no payment after a substantial amount of discovery. In that case, we successfully argued the rarely effective contemporaneous exchange defense as well as a paid new value argument.
• We successfully defended a large air conditioning company against a preference lawsuit in Delaware Bankruptcy Court. The defendant there zero based on our convincing ordinary course defense. This case was dismissed by the plaintiff without cost of a trial.
• We represented a Florida power services company as a defendant in a preference lawsuit in New York Southern District Bankruptcy Court. The amount of the claim was over $440,000.00. The case was dismissed with no payment based on our relentless representation.
• We represented a nationally known client in the trade show business sued for preference by a large diamond manufacturer. The case was dismissed with no payment. In that case, we were able to prove that the Trustee have failed to prove all elements of section 547(a) of the preference laws. Again, this was dismissed by the Trustee with no trial.
• We represented a nationally known business consultant against a fraudulent conveyance sanction brought by a Trustee in New Jersey Bankruptcy Court. The case was settled for a nominal amount after extensive discovery showed the value of our client’s services.
• As counsel for a Toronto based logistics Company, we settled a $220,000.00 preference action brought by a Delaware Bankruptcy Court based Trustee for $1,500.00 based on a successful combination of ordinary course and new value defenses.