Under section 547(b) of the Bankruptcy Code, a trustee can avoid and recover a transfer as a preference by satisfying various requirements. Once a trustee proves all of the elements of a preference, there are affirmative defenses that can reduce a creditor's potential preference exposure. This Knowledge Congress webcast, held on 15 May 2013, featured a distinguished panel of experts who provided a comprehensive overview of preferences along with the defenses to a preference. NERA Senior Vice President Dr. Faten Sabry discussed how courts have reacted to valuation opinions in recent fraudulent conveyance and other bankruptcy matters. Dr. Sabry provided an overview of the valuation issues in a number of recent cases, including VFB v. Campbell, Iridium, Lehman Brothers, Chemtura, and Verizon (Idearc). She then shared examples of the economic analysis of equity, bond prices, and credit default swaps in assessing solvency; discussed what the financial analysis of bond prices and credit default swaps can and cannot tell us about solvency; and examined foreseeability issues with applications in bankruptcy cases.

Learn more via The Knowledge Congress website.