2 Preference Defenses in Bankruptcy: New Value & Ordinary Course – A Simple Guide to the Popular Defenses
What is a Preference in Bankruptcy? The trustee in bankruptcy is incentivized to claw-back any transfers made by the debtor before the bankruptcy petition is filed in order to maximize the trustee’s own compensation. In addition to the trustee’s ability to attack fraudulent conveyances and actions taken by creditors in violation of the automatic stay, … Read More