Program Details
2026-08-28 13:00:00
Over 1,000+ webinars
Course Overview
2026-08-28 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 2:00 pm ESTThis session equips attorneys to evaluate and respond to preference demand letters issued by bankruptcy liquidating trusts, covering the statutory elements of a preference claim under 11 U.S.C. § 547, the primary affirmative defenses available to recipients, and the practical mechanics of settlement valuation. Attendees will learn how the SBRA’s 2019 due diligence amendment creates new dismissal opportunities, how updated dollar thresholds affect claim viability, and how to construct a documented defense letter that positions the client for favorable settlement. Attorneys will leave with a repeatable framework for triaging demand letters, identifying the strongest available defenses, and negotiating from a position of documented strength.
Carl D. Neff
Rob Charles 2:10 pm - 3:10 pm ESTLiquidating trusts increasingly pursue trade creditors, vendors, and lenders on fraudulent transfer theories, often assuming the defendant will pay rather than fight. This session gives defense counsel the threshold and merits-level arguments that can end or narrow those actions before the parties reach discovery. Attendees will learn to test whether a confirmed plan and disclosure statement actually preserved the specific claim the trust now asserts under § 1123(b)(3)(B), and how that analysis shifts between the strict Seventh Circuit specificity rule and more permissive jurisdictions where the confirmation order controls. The session then works through constitutional and jurisdictional vulnerabilities, including Stern challenges to final adjudication of state-law claims and the standing and due process questions that arise when avoidance actions are sold to a creditor rather than retained by a trust. It closes with the core fraudulent transfer defenses: the § 546(e) safe harbor after Petr and Holliday, § 548(c) good faith and value with the Fifth Circuit netting rule, reasonably equivalent value, earmarking, and the statute of limitations. Attendees leave with a structured, checklist-driven framework for evaluating any trust demand before engaging on the merits.
Carl D. NeffRob CharlesCarl D. Neff is the managing partner of Pierson Ferdinand’s Wilmington, Delaware office. His practice centers on corporate and commercial litigation before the Delaware state courts and the United States District Court for the District of Delaware, and he regularly handles matters before the United States Bankruptcy Court for the District of Delaware, with significant experience litigating preference and avoidance action disputes.
Rob Charles is a partner at Womble Bond Dickinson (US) LLP and a leader of the firm’s Bankruptcy and Creditors’ Rights Practice Group, practicing throughout Arizona and Nevada. He represents secured and unsecured creditors, as well as debtors, across business bankruptcy cases, commercial litigation, and business transactions, guiding clients through complex Chapter 11 issues in all aspects of debtor/creditor relationships, workouts, and litigation.
Carl D. Neff is the managing partner of Pierson Ferdinand’s Wilmington, Delaware office. His practice centers on corporate and commercial litigation before the Delaware state courts and the United States District Court for the District of Delaware, and he regularly handles matters before the United States Bankruptcy Court for the District of Delaware, with significant experience litigating preference and avoidance action disputes.
Rob Charles is a partner at Womble Bond Dickinson (US) LLP and a leader of the firm’s Bankruptcy and Creditors’ Rights Practice Group, practicing throughout Arizona and Nevada. He represents secured and unsecured creditors, as well as debtors, across business bankruptcy cases, commercial litigation, and business transactions, guiding clients through complex Chapter 11 issues in all aspects of debtor/creditor relationships, workouts, and litigation.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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