Preference Litigation

KMK attorneys provide unsurpassed representation to business creditors faced with avoidable preference claims, where a debtor or a trustee seeks to claw-back payments made to the creditor prior to the start of a formal insolvency proceeding. These claims typically arise under the United States Bankruptcy Code, but they can also arise under state receivership statutes, such as Wisconsin’s Chapter 128.

Our attorneys immediately evaluate the merits of the preference claim, and structure arguments on behalf of our clients at the earliest opportunity that regularly lead to a prompt resolution, often resulting in just a small percentage or even a zero-dollar recovery by the trustee or receiver. We work with our clients to evaluate promptly the merits of our client’s defenses and seek to minimize both the legal expenses involved and the return of funds to the trustee or receiver.

Creditors who 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 should promptly contact KMK to evaluate the claim.

Call us at (414) 962-5110.
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