Hot Issues and Litigation Strategy Involving Preference Claims

SKU: BNK400

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About This Course

As more companies fall victim to a declining economy, the issue of preference claims has become increasingly ubiquitous. This CLE course will explain how to protect against or prosecute claims of preferential payments made by a creditor before a debtor’s declaration of bankruptcy. The course will explain how to advise companies prior to and after the filing of a bankruptcy of the common and not so common pitfalls in the plaintiff’s case in chief, as well as the effect of § 503(b)(9) (Administrative Claims) and payments under critical vendor orders on the new value defense. In addition, the course will review the heightened pleading standards under Twombly and Iqbal, and a detailed presentation of the the application of the ordinary course of business defenses.

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