Learning From Recent Insider Preference Cases

Law360, New York (October 11, 2011, 1:09 PM EDT) -- The continued vitality of preference litigation has led to an ever-growing body of case law, including decisions with regard to recoveries from “insiders,” pursuant to Sections 547, 550 and 101(31) of the Bankruptcy Code. This article addresses three recent insider preference cases: one in which the Seventh Circuit establishes a framework to simplify the analysis undertaken by bankruptcy courts when the alleged insider has a role similar to one of the specifically enumerated persons and entities listed in section 101(31); one that illustrates the risks inherent...
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