It is impossible to predict whether supply chain disruptions caused by the COVID pandemic, increased interest rates, market volatility, changes in workforce trends, inflationary pressures, and ...

Anticipating a surge of bankruptcy filings resulting from COVID-19, it is important for businesses to understand the basic elements of a bankruptcy preference and the defenses available to defeat them ...

The Eighth Circuit held that preferential payments are subject to a new value defense of § 547(c)(4) where the new value was provided by a third party that benefitted from the preferential transfers.

As the saying goes, what goes up, must come down. After years of robust growth, the U.S. economy appears to be hitting a rough patch. In the coming months, it is likely that some businesses will not ...

A “preference action” is a lawsuit by or on behalf of a debtor seeking to recover certain payments made by the debtor prior to filing for bankruptcy. Preference actions are unfamiliar to many business ...

MOST BUSINESSES will, at one time or another, open the mail to find a demand letter or worse, a lawsuit, demanding that the business return money to a bankruptcy estate because the business received a ...

FARGO, N.D. -- Joe Breker has a warning for farmers who did business with VeraSun Energy: Read and heed any mail you might get, as the company is coming after you for your payment. Call a qualified ...

In a significant ruling for the insolvency and finance sectors, the Wisconsin Court of Appeals has concluded that a court-appointed receiver may proceed with a preferential transfer claim under state ...