Preference Defense Handbook: The Circuits Compared, 3rd Edition

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The preference provisions of the Bankruptcy Code are Congress’s attempt to provide equal treatment for pre-petition creditors by allowing the trustee or debtor-in-possession to avoid or recover certain payments made to creditors during the 90 days prior to the filing of a bankruptcy petition. However, defending preference cases can be challenging and frustrating for a creditor. What might be a complete defense in one jurisdiction might not be so clear in another. Knowing the laws of the circuits is critical to effectively counsel and analyze risk.

Preference Defense Handbook: The Circuits Compared, Third Edition has been revised and updated to assist practitioners and credit professionals in evaluating the available defenses that may be asserted in a preference defense or avoidance action. The Handbook reviews the cases in each circuit interpreting the most common defenses to avoidance. Where there are no circuit court cases, lower court cases in that circuit are surveyed. Also included is a discussion of significant bankruptcy court decisions that have demonstrated a trending away or possible break from circuit court decisions, making this an essential resource for any practitioner dealing with preference issues.

Author Hon. Deborah Thorne, Ian Follansbee and John H. Andreasen