Bankruptcy Preference Lawyers for the Middle Market
The "Middle Market" seems to take the full brunt of bankruptcy preference claims. Analysis of the "90 day" payments schedules in many manufacturing and retail bankruptcies prove the point. Only a few creditors are paid the highest amounts. Those creditors are large corporations with the clout to demand on time payments and legions of lawyers to assess, negotiate and defend preference claims.
For a small to mid size supplier or service provider neither paying back amounts received in the 90 days prior to bankruptcy nor of paying huge lawyer fees is part of the budget. This site is focused on lawyers and law firms for these mid market suppliers and service providers. This site identifies lawyers and law firms who meet the following criteria:
(1) Firm Size - The firm must be small in terms of numbers of lawyers. This is based on the belief that large and medium sized firms simply have a lot of overhead to support. Smaller firms, by the very nature of their clients generally, must be fee sensitive.
(2) Demonstrated Experience - The firm has to have recent experience in defending preference claims asserted against middle market suppliers or service provider.
An Initial Bridge between Bankruptcy Preference Theory and Practice
For those who have never had to deal with a bankruptcy preference aka avoidable or preferential transfer adversary proceeding or demand letter before, a good starting point is the article "A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim", which provides a bridge from the theory of bankruptcy preference law to a practical, initial assessment
Bankruptcy Preference Defense - Magic's Biggest Secrets Revealed
Bankruptcy preference defense is not magic and most cases fits within a set of facts seen many times before.
There is a television show called "Magic's Biggest Secrets Revealed, Tricks and illusions are unveiled by the Masked Magician." In this show, a masked magician reveals how magic tricks are performed. The law of bankruptcy preference is like that. Once the secrets are revealed, the illusion is unveiled. You are left wondering why your company paid such horrible fees to defend a preference claim.
5 Reasons You Need a Lawyer to Defend a Bankruptcy Preference Claim
While there are others, here are 5 simple reasons you need a lawyer to defend a bankruptcy preference claim:
1. The person making the preference claim on behalf of the debtor is a lawyer. He or she has been trained to prosecute bankruptcy preference claims. He or she knows how to get as much as possible out of each claim. You need someone on your side who is also trained and knows the strengths and weaknesses of your position.
