Preference Defense

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In a bankruptcy case, the debtor, the trustee or other party assigned the bankruptcy estate's avoidance powers, often seek to avoid and recover transfers made by the debtor within 90 days prior to the petition date. This 90-day period is labeled the preference period. If a transfer made to a creditor during the preference period is deemed preferential, then the debtor is entitled to a return of the transfer, unless the creditor can establish a defense. Blakeley LC works on behalf of the creditors who have received such transfers to establish their defenses. The firm is highly knowledgeable and skilled in this area and our clients usually pay less than 10 percent of what is actually sought by the debtor. In fact, over the last five years, the firm has saved its preference clients over $50 million.