Preference Claim Defense
Few things are as frustrating to a company than when one of its customers files bankruptcy and avoids paying money owed. However, a preference claim has the potential to be much worse.
Our seasoned Commercial Collections attorneys (many of them certified by the American Board of Certification in both Creditors Rights Law and Business Bankruptcy Law) are regularly engaged by our clients to defend them against avoidable preference claims and preference actions brought in bankruptcy courts. By immediately evaluating the merits of the preference claim, we can structure arguments on behalf of our clients at the earliest opportunity.
Our approach allows the formulation of the strongest possible defense and promptest resolution which results in the maximum opportunity to achieve a zero-dollar recovery against our clients. Additionally, the breadth of our experience and legal knowledge protect our clients’ interests against preference claims asserted under the U.S. Bankruptcy Code or in state court receivership matters anywhere in the country.
If you receive a demand for the return of an allegedly voidable preference or are sued by a bankruptcy estate seeking to recover an allegedly voidable preference, contact KMK to evaluate the claim.