Strategic Advocacy. Reduced Exposure. Strong Results.
When a business enters bankruptcy, vendors, lenders, landlords, contractors, and service providers are often caught off guard by demand letters—or lawsuits—seeking to claw back payments they received months or even years earlier. These preference and fraudulent transfer claims can be disruptive and costly without experienced legal representation.
The reality is that most avoidance actions are highly defensible. With a strategic, evidence-driven defense, alleged liability can often be significantly reduced or eliminated.
At Bankruptcy Attorney Co., we represent creditors in preference and fraudulent transfer litigation throughout Delaware, New Jersey, Pennsylvania, and Florida, with a strong focus on high-stakes bankruptcy litigation and avoidance action defense.
How We Defend Preference & Fraudulent Transfer Claims
Creditors facing avoidance actions have powerful defenses under the Bankruptcy Code. We analyze financial records, payment histories, industry practices, and contractual relationships to determine which defenses apply and to craft the strongest possible argument.
Key defenses include:
Ordinary Course of Business — 11 U.S.C. § 547(c)(2)
Payments made in the ordinary course of dealings or consistent with industry standards may be fully shielded.
Subsequent New Value — 11 U.S.C. § 547(c)(4)
Creditors often reduce exposure dramatically by showing they provided new, unpaid value after receiving payments.
Contemporaneous Exchange for New Value — 11 U.S.C. § 547(c)(1)
Payments intended as contemporaneous exchanges for goods or services may be protected.
Good Faith Transferee — 11 U.S.C. § 548(c)
For fraudulent transfer claims, a transferee who gave value in good faith is protected to the extent of that value.
Why Choose Bankruptcy Attorney Co.
Experienced Bankruptcy Litigators with a Proven Track Record
Attorney Jenny R. Kasen has over 16 years of experience defending businesses nationwide in preference and fraudulent transfer litigation.
Board Certified – Consumer Bankruptcy Law – The American Board of Certification Bankruptcy Specialist
Ms. Kasen is a Board-Certified Consumer Bankruptcy Law Attorney by The American Board of Certification.—an elite credential held by a small percentage of bankruptcy practitioners nationwide.
Recognized in the Legal Community
She is consistently honored as a New Jersey Super Lawyers Rising Star and frequently lectures on advanced bankruptcy topics for the New Jersey and Delaware Bankruptcy Inns of Court.
Insight From Inside the Courtroom
Ms. Kasen previously clerked for two former Chief Judges of the U.S. Bankruptcy Courts:
Boutique Service. National-Level Outcomes.
As a boutique bankruptcy litigation firm, we deliver:
Proven Results in Preference & Fraudulent Transfer Defense
Reducing Exposure Across Industries and Jurisdictions
We have successfully negotiated substantial reductions and favorable settlements for clients involved in bankruptcy cases nationwide.
Protect Your Business. Defend Against Preference & Fraudulent Transfer Claims.
If you received a demand letter or lawsuit seeking repayment of funds, do not respond without speaking to an experienced preference defense and fraudulent transfer defense attorney. Early strategy and legal positioning make a significant difference in outcome.