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Aug. 24, 2022

Ordinary course of business defense may protect creditors from preference liability

See more on Ordinary course of business defense may protect creditors from preference liability

Bankruptcy practitioners, particularly those who represent creditors, are well aware of the potential exposure to liability under the preference statute provided in the United States Bankruptcy Code, 11 U.S.C. §547. Given the recent economic climate and increased chances of a recession, attorneys representing creditors should be aware of preference liability exposure, and the applicable defenses. Preference claims are typically brought by bankruptcy trust...

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