A Trade Creditor's Guide To Fraudulent Transfer Cases

Law360, New York (December 19, 2013, 6:36 PM EST) -- Consider the following hypothetical situation. One of your customers — we will call it "Debtor A" — is in significant financial trouble. You have done business with Debtor A for a long time, but lately Debtor A has fallen behind on its payments. The scuttlebutt is that Debtor A is about to file for bankruptcy. You receive a check on account of past due amounts owed by Debtor A. You notice the check is from Debtor B, which is a corporation affiliated with Debtor A. You count yourself lucky to be paid at all, and you deposit the check. You mark a red "X" on your calendar 90 days from the date the check cleared. If Debtor A holds off from filing bankruptcy until after that date, you think to yourself, you will be home free from a bankruptcy trustee avoiding that payment as a preference....

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