Preferences

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v.

17th Annual Great Debates

Past Presidents’ Debate
Resolved: The Bankruptcy Code should be revised to eliminate a debtor in possession's and trustee's ability to recover preferential transfers.

Judicial Debate
Resolved: A claim against the debtor’s estate, transferred to a third party, should be treated the same as if in the hands of the original holder.

Consumer Debate
Resolved: An attorney in a consumer case should be able to limit the scope of her employment.