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In the very strange area of law that is bankruptcy, filled with arcane language and incomprehensible legal concepts, there is nothing more troubling to business people than the matter of the preference defense. In its broad reach, preference law seeks to render as voidable any transfer made to a creditor within the last 90 days before a business or individual files bankruptcy.
While there are defenses – ‘new value after” and “ordinary course” to name the most prominent – they can be extremely technical and hard to use. We understand the upset that preferential transfer litigation causes, and we work with our clients to ensure them the best possible result.