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Creditors Catch A Break On Preference Actions And The New Value Defense – Re: Claims For 20-Day Shipments - Insolvency/Bankruptcy

A Primer On Defenses To Bankruptcy Preference Claims - Insolvency/Bankruptcy/Re-structuring

To print this article, all you need is to be registered or login on Mondaq.com. Your business provided goods or services to another company. Shortly thereafter, that company then files for bankruptcy, and owes your business substantial sums of money. After the filing of the bankruptcy action, you then receive a letter from counsel demanding that your business return all of the money the debtor paid to you in the 90 days before it filed for bankruptcy. Can this really be true? Unfortunately, it happens frequently. Under Section 547(b) of the Bankruptcy Code, a debtor may avoid a transfer it paid to creditors, trade vendors,

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