Publications

Preference Litigation

January 2008
Practising Law Institute

Transfers by which an insolvent debtor favors certain creditors over others—preferences—were generally not assailable under the common law by the excluded creditors. However, under the bankruptcy laws, once a case is commenced, preferences are vulnerable to the avoiding powers of a bankruptcy trustee. This 31-page treatise covers the subject in great detail, with sections on: Purposes of Preference Avoidance in Bankruptcy, The Basic Elements of a Preference, Statutory Exceptions, When a Transfer is Made, Other Essential Statutory Issues in Preference Avoidance, and Practice Pointers for Creditors.