Preference Update: SBRA’s Due Diligence Requirement

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Preference Update: SBRA’s Due Diligence Requirement

April 8, 2020

Hosted by the Young and New Member Committee

The panel will discuss the Small Business Reorganization Act’s requirement that a trustee (or debtor-in-possession) take into account a defendant’s defenses before bringing an action. This amendment, which is applicable in all cases, requires the plaintiff to engage in reasonable due diligence regarding a defendant’s affirmative defenses before initiating a preference action. The panel will discuss different approaches to satisfy the new requirement.

Wednesday, April 8, 2020

1:00 - 2:15 PM EST

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


Timothy J. McKeon
Mintz Levin
(Boston, MA)

Hon. Jerrold N. Poslusny
U.S. Bankruptcy Court
(D.N.J.; Camden, NJ)

Shane G. Ramsey
Nelson Mullins
(Nashville, TN)

Bethany J. Rubis
(Saint Paul, MN)

* 1 hour of general CLE credit is available in the following pre-approved 60-minute-hour and 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, 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 becomes effective on January 1, 2020. For those jurisdictions not listed, ABI will not seek direct accreditation attorneys will need to self-submit. Some states allow may 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.