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United States: Keeping The Money: Strategies For Protecting Against Preference Liability


Transactions with creditors of people assume that they are at the request of the trustee in the proceedings of protection should be aware that they may be required to restore the payment of this service within 90 days prior to a declaration of bankruptcy. Whether you are a party to litigation, entry into a trade agreement, a creditor on a compromise, a bad account, a lender negotiations for a workout, or simply the implementation of “business as usual, “all transactions with financial difficulties Parties should focus on the preferences of risks to be avoided.

As a preliminary matter, although most creditors would probably think it is unreasonable that you need it to return to a payment received a valid application, preference for the provisions aimed at ensuring that all creditors receive a fair proportion to the share of the fortune Du debtor .. ..



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