Legal Question in Bankruptcy in Delaware

Re: Defence to preference claim

Our firm regularly handles the defense of bankruptcy preference claims. In general, we first evaluate the claim to determine whether it may be challenged under section 547 of the U.S. Bankruptcy Code. The primary defenses are payments made outside the 90-day preference period, payments made in the ordinary course of business, and payments made as a contemporaneous exchange for new value given to the debtor. Depending on the strength of your position, we also can engage as appropriate in negotiations to achieve a compromise settlement of the claim. Certainly retaining counsel and responding to the Adversary Complaint puts you in a stronger position vis-a-vis the debtor/plaintiff.

We charge our time at an hourly rate and require a retainer. If you are interested in pursuing representation, I would submit an engagement letter that sets forth the terms of representation. Please feel free to contact me if you want to discuss this matter further.