A Case Study on Common — and Uncommon — Defenses to Preference Actions

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A Case Study on Common — and Uncommon — Defenses to Preference Actions

June 28, 2022

Hosted by ABI's Unsecured Trade Creditors Committee

This program will be structured as a case study and will delve into the prosecution and defense sides of a recently settled preference case in which the presenters were involved. The parties will engage in a free-flowing discussion of their respective positions folllwing a brief discussion of the underlying bankruptcy cases. In addition to various aspects of the subsequent new value (paid/unpaid, treatment of § 503(b)(9) and critical-vendor payments, etc.) and ordinary-course-of-business defenses (subjective and objective, including purported payment pressure and a bifurcated set of payment terms, etc.) that are at issue in the vast majority of preference cases, the presenters will also discuss less frequently raised defenses/issues, including, but not limited to, the critical vendor defense, and the impact of (1) pre- and post-petition recoupment/setoff rights on a defendant’s § 502(h) claim, and (2) a material unpaid post-administrative claim on the parties’ settlement strategy and related positions. 

Tuesday, June 28, 2022

12:30 - 1:45 PM EST

This webinar is free to attend, and CLE is available to members in qualifying states.*

Kara E. Casteel
ASK LLP
Eagan, Minn.

Eric S. Chafetz
Lowenstein Sandler LLP
New York

Bruce S. Nathan
Lowenstein Sandler LLP
New York

Gary D. Underdahl
ASK LLP
Eagan, Minn.

Keara Waldron
Lowenstein Sandler LLP
New York

* 1.25 hour of general CLE credit is available in the following pre-approved 60-minute-hour states (1.8 hours in 50-minute-hour states): AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved-jurisdiction policy: AZ, CO, CT, NH and NY. ABI will submit attendance to DE, IL, NV, PA, TN and TX. Attendees from Illinois claiming credit more than 30 days after an event will be charged the $25 Illinois late-credit claim fee that went into effect on Jan. 1, 2020. For those jurisdictions not listed, ABI will not seek direct accreditation; attorneys will need to self-submit. Some states might not allow self-submission. ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program. Further details will be provided the day of the event.