Update on Preference and Fraudulent Transfer Litigation

In "Update On Preference And Fraudulent Transfer Litigation," an article published in the September 2022 edition of The Bankruptcy Strategist, Michael L. Cook summarizes recent appellate decisions, which show that courts are still making new law or refining prior case law. 

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code’s enactment in 1979.