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RECENT DEVELOPMENTS IN BANKRUPTCY PREFERENCE LAWS FROM COAST TO COAST


Presented by: Scott Blakeley, Esq

Free Webinar

July 18, 2017
11:00 AM to 12:00 PM PST


Price: Free Webinar


 

Description

As the wave of bankruptcies filed during the financial crisis wind their way through the courts, credit teams are facing a record number of preference suits and demands. In this webcast, Hal Schaeffer, CEO at D & H Credit Services Inc., Neal Ganta, Esq., and I will discuss:
  • What are the elements needed to establish a preference, and who has the burden of proof?
  • The common defenses asserted by the supplier: contemporaneous exchange; ordinary course of business (methods for analyzing the OCB defense; what is ordinary?); and new value;
  • Recent court rulings that impact a supplier's preference defense strategies, including:
    • AES Thames, LLC v. P&M Brick LLC
    • In re Conex Holdings, LLC 
  • What billing, collection, and application of payment strategies should the credit team consider, when bankruptcy becomes a concern?
    • Communication with the customer prior to an anticipated bankruptcy;
  • The documents needed to build the preference defenses;
  • Document retention policy and preserving e-information;
  • Hot topic defenses: mechanic's lien rights, critical vendor, assumption of contract, jury demand, D&O and credit insurance, amended complaint and relation back;
  • The interplay between section 503(b)(9) claims and new value;
  • Statute of limitations: how much time does the debtor have to commence a preference lawsuit?
  • Standing: who may bring a preference suit?; and
  • The state law preference action: is it still alive?

We will webcast on Tuesday, July 18th, at 11:00 a.m. pst/2:00 p.m. est for 60 minutes. You can email questions in advance of the webcast and the speakers will address. 



Presenter Bio:

Scott Blakeley is a founder of Blakeley LLP, where he advises companies around the United States and Canada regarding creditors’ rights, commercial law, e-commerce and bankruptcy law. He was selected as one of the 50 most influential people in commercial credit by Credit Today. He is contributing editor for NACM’s Credit Manual of Commercial Law, contributing editor for American Bankruptcy Institute’s Manual of Reclamation Laws, and author of A History of Bankruptcy Preference Law, published by ABI. Credit Research Foundation has published his manuals entitled The Credit Professional’s Guide to Bankruptcy, Serving On A Creditors’ Committee and Commencing An Involuntary Bankruptcy Petition. Scott has published dozens of articles and manuals in the area of creditors’ rights, commercial law, e-commerce and bankruptcy in such publications as Business Credit, Managing Credit, Receivables & Collections, Norton’s Bankruptcy Review and the Practicing Law Institute, and speaks frequently to credit industry groups regarding these topics throughout the country. He is a member on the board of editors for the California Bankruptcy Journal, and is co-chair of the sub-committee of unsecured creditors’ Committee of the ABI. Scott holds an B.S. from Pepperdine University, an M.B.A. from Loyola University and a law degree from Southwestern University. He served as law clerk to Bankruptcy Judge John J. Wilson. He is admitted to the Bar of California.



For More Information Contact:
Ann Westpy (702) 2592622-0 awestpy@emailcma.org
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