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 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.
Past Avoidance Action Reports:
- Fall 2022
- Spring 2021
- Winter 2020
- Summer/Fall 2018
- Summer 2017
- Spring/Summer 2016
- Fall 2015/Winter 2016
- Fall 2014/Winter 2015
- Summer-Fall 2013
- Fall 2012-Winter 2013
- Winter-Spring-2012
- Spring-Summer 2011
- Fall 2010 Winter 2011
- Winter 2010 Issue
- Summer 2009 Issue
- Spring 2009 Issue
- Winter 2009 Issue
- Winter 2009 Issue
Free Case Evaluation
Easy. Quick. Confidential