Courts Remain Uncertain on How to Apply the New Due Diligence Requirement for Preference Claims

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The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to an insider) before a debtor files for bankruptcy. The trustee’s power to avoid preferences is codified in Section 547(b) of the Bankruptcy Code.

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