- Remote or in person
- Definition of an avoidance action, its purpose, and the parties
- Preference actions
- Requirements under the Bankruptcy Code
- Lookback periods
- Safe harbors and defenses
- Fraudulent transfers and conveyances
- Difference between active and constructive fraud
- Requirements to show constructive fraud
- Determining insolvency
- State-law causes of action
Before the Session
Prepare the Attendees
Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.
Watch the videos and read the exercise so you’re familiar with the Hotshot material.
An overview of avoidance actions in a corporate restructuring, with a focus on preference actions and actual or constructive fraudulent transfers and conveyances.
During the Session
- What is the purpose of an avoidance action in Chapter 11?
- Who are the typical parties in an avoidance action?
- Under the Bankruptcy Code what is required to successfully bring a preference action?
- What are some defenses against a preference action?
- What are the requirements for showing fraudulent transfer or conveyance?
- How is insolvency measured in a fraudulent transfer action? How is “unreasonably small capital” measured?
- What are the differences between a state-law claim for fraudulent transfer or conveyance and an action under the bankruptcy code?
- What types of transactions can’t be recouped or invalidated as preferences or fraudulent transfers or conveyances?
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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