This program, featuring Lowenstein's Eric Chafetz, Bruce S. Nathan, and Keara Waldron, will be structured as a case study and will delve into the prosecution and defense sides of a recently settled preference case in which the presenters were involved. The parties will engage in a free-flowing discussion of their respective positions following a brief discussion of the underlying bankruptcy cases. In addition to various aspects of the subsequent new value (paid/unpaid, treatment of § 503(b)(9) and critical-vendor payments, etc.) and ordinary-course-of-business defenses (subjective and objective, including purported payment pressure and a bifurcated set of payment terms, etc.) that are at issue in the vast majority of preference cases, the presenters will also discuss less frequently raised defenses/issues, including, but not limited to, the critical vendor defense, and the impact of (1) pre- and post-petition recoupment/setoff rights on a defendant’s § 502(h) claim, and (2) a material unpaid post-administrative claim on the parties’ settlement strategy and related positions.
- Eric Chafetz, Partner, Lowenstein Sandler LLP
- Bruce S. Nathan, Partner, Lowenstein Sandler LLP
- Keara Waldron, Senior Counsel, Lowenstein Sandler LLP
- Kara E. Casteel, ASK LLP
- Gary D. Underdahl, ASK LLP
Time: 12:30-1:45 p.m. ET