When a debtor files for bankruptcy, creditors and businesses that received payments or other transfers before the filing may find themselves facing lawsuits alleging preference or fraudulent transfer claims. These claims seek claw back payments made before the bankruptcy filing, often placing innocent parties in a difficult position.
Crain Caton & James defends clients against preference and fraudulent transfer actions, providing aggressive representation focused on asserting all available defenses and minimizing exposure. Our attorneys evaluate the merits of the claims, build strong defenses based on statutory exceptions, ordinary course of business standards, new value defenses, and other applicable arguments.
When appropriate, we negotiate settlements to resolve claims efficiently and cost-effectively. However, when necessary, we are fully prepared to litigate to defend our clients’ interests in adversary proceedings before bankruptcy courts. Our team’s knowledge of the Bankruptcy Code, procedural rules, and case law allows us to tailor a strategic defense to each client’s specific circumstances.
