Prosecuting and Defending Preference Actions in Bankruptcy Court: Practical Strategies and Solutions



This presentation is going to discuss how to prosecute and defend a preference action, beginning before the case is even filed, and continuing through the case filing, the commencement of litigation, discovery and trial.  At every step along the way, we will discuss what the plaintiff’s side should be doing and trying to achieve, and what the defendant’s side should be doing and trying to achieve.  For plaintiffs, there will be a discussion on practical strategies on how to identify potential preference actions that make sense to prosecute, how to get the evidence you need to win at trial, and how to present your case in the strongest way to obtain a favorable settlement.  For defendants, there will be a discussion of strategies on what to do when you know you are dealing with a distressed client who may file bankruptcy shortly, what to once the case is filed, what to do when you receive a letter stating that the debtor’s records indicate that you may have received a preferential transfer, how to assert your defenses, and what defenses to assert.  This presentation will emphasize practical strategies to resolve the matter as efficiently and effectively as possible, for both sides.


Steven F. Werth, SulmeyerKupetz, APC




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