Defending a bankruptcy preference claim is much different than defending a preference action in a state court. It is important to understand the difference before deciding to defend a preference action. The Bankruptcy Code provides a number of defenses. If you have been served with a preference complaint, you should contact a bankruptcy attorney immediately to discuss your options. Having a knowledgeable lawyer on your side can make a huge difference in the outcome of your lawsuit.
What happens when you declare bankruptcy in Singapore?
A preference action is a type of lawsuit that creditors can file against a company that received payment before bankruptcy. This lawsuit is usually preceded by a demand letter. The demand letter sets forth the trustee’s claims and demands immediate payment. The amount demanded is usually less than the costs of defending the action.
Defending a bankruptcy preference claim can be a daunting process. Unless the business relationship is close, it can be difficult to determine which defenses are applicable. Moreover, there are few court cases that have addressed the diligence requirements of preference actions. Find out : https://www.scura.com/blog/abc-preference-litigation-vs.-bankruptcy-preference-litigation
Preference payments are often made without an improper motive. The ultimate burden of proof is on the creditor. In order to defeat a preference claim, the creditor must prove that the alleged transfer is avoidable. There are also several affirmative defenses that are available.
The most common defenses are the ordinary course of business and contemporaneous exchange for new goods or services defenses. The success of these defenses depends on the discretionary authority of the estate to pay the prepetition claim.