At times, the Bankruptcy Code’s preference provisions may seem to be aimed at unfairly penalizing the creditor. It may be hard to believe the congressional intent of preference avoidance in bankruptcy was to equalize distribution of payments to similarly situated creditors of a debtor - and even harder to explain it to your client! Planning ahead, implementing adequate precautionary measures, and exercising your rights as a creditor, however, will make the preference laws less perplexing. Thomas Federico, of Dobbs International Services, Inc. and Tisha Morris lead the way.
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