I Have My First Preference Claim - What Should I Do Now?
This presentation will outline what you should do if you find that you have a preference claim. , The presenter will cover the definition of a preference, why they exist and what are the defenses, Preferential Transfers, including their policy and purpose, the Process of Recovery of Preferential Transfers and what can be recovered, how the creditor can defeat preference claims, Statutory Elements, Ordinary Course of Business, and Subsequent Value. , After successful completion of this module the student will understand what a preference is, why they exist and the defenses for them, four things not to do if you get a preference claim, the best things to do if you get a preference claim, the Process for Recovery of Preferential Transfers and what can be recovered, what the Affirmative Defenses are against preference claims, what an Ordinary Course of Business must show, and the best practices regarding preference actions.
Lynnette Warman is a bankruptcy attorney, and a partner with the firm Hunton &, Williams, LLP in Dallas, Texas. , Ms. Warman earned her BA from the University of Nebraska, and her JD from Creighton University School of Law, magna cum laude, in 1986. , Her practice focuses on corporate reorganizations, out of court work-outs and structured financial transactions. Recent engagements have involved significant mediation, litigation and appellate work in both bankruptcy and other federal courts. Ms. Warman also devotes considerable time analyzing transactions to address potential insolvency issues such as lender liability, avoidance, and fraudulent transfers. Ms. Warman was formerly the head of the Business Department at Jenkens &, Gilchrist, P.C., and the former Practice Group Leader of that firm's Bankruptcy Section.