Bankruptcy Code section 547 empowers the debtor to avoid certain transfers made during the 90-day period (one year if the transferee was an insider) immediately before the commencement of a bankruptcy case. A lawsuit initiated to avoid such payments is called a “preference action.” The theory behind such actions is that the debtor was already insolvent at the time the payments were made and the payments therefore give preferential treatment to certain creditors over others ─ hence the names “preferential transfers” and “preference actions.”
Avoidance actions are a core focus of ASK LLP’s bankruptcy practice and our attorneys are generally aware of the latest pertinent legal opinions related to avoidance actions. As an authority on avoidance actions, ASK LLP publishes the Avoidance Action Report, which is a one-of-a-kind quarterly report devoted exclusively to case law developments related to avoidance actions. You can access Avoidance Action Report articles by clicking on the links below or you can download past issues in PDF format.