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Executory Contracts Bankruptcy Preferences

Troutman Pepper Locke

What Are Some Less Traditional Defenses to a Preference Action? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

The ordinary course of business, new value, and contemporaneous exchange for new value defenses are the most frequently used defenses in a preference action. However, there are additional, less common defenses that a...more

Cole Schotz

Considerations if Your Customer is Potentially Facing Bankruptcy

Cole Schotz on

With the recent uptick in Chapter 11 filings and a further increase expected in the coming quarters, companies across all industries would be wise to consider certain precautionary measures if a customer begins missing or...more

Foley & Lardner LLP

Wisconsin Court of Appeals Enforces Knowledge Requirement for Preference Claims

Foley & Lardner LLP on

Wisconsin’s Chapter 128 has long been something of a “wild west” of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898, the statute empowers a circuit court to appoint a receiver to...more

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