Program Details
2026-08-27 13:00:00
Over 1,000+ webinars
Course Overview
2026-08-27 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 2:00 pm ESTThis session equips attorneys who represent trade creditors, landlords, and service providers to defend preference avoidance actions arising under Bankruptcy Code Section 547. Attendees will learn how to evaluate a trustee’s demand letter, assert the ordinary course of business defense in light of the 2025 Fred’s Inc. ruling, maximize the subsequent new value offset under Section 547(c)(4), and challenge complaints on due diligence pleading grounds. Attorneys will leave with a practical defense framework applicable from the moment a clawback demand arrives through motion practice and trial preparation.
Gary M. Kaplan 2:10 pm - 3:10 pm ESTThis session equips attorneys who represent trade creditors, landlords, and service providers to defend preference avoidance actions arising under Bankruptcy Code Section 547. Attendees will learn how to evaluate a trustee’s demand letter and lawsuit to recover allegedly preferential transfers, assert applicable defenses, including the “ordinary course of business defense” and “subsequent new value” defenses, and challenge complaints on due diligence pleading grounds. Attorneys will leave with a practical defense framework applicable from the moment a clawback demand arrives through motion practice and trial preparation.
Gregory G. HesseGary Kaplan is chair of Farella’s Restructuring, Insolvency and Creditors Rights practice group. He has decades of experience representing debtors, creditors, creditors’ committees, trustees, and receivers in a wide range of bankruptcy and nonbankruptcy matters. Gary’s practice includes both out of court and Chapter 11 restructurings, and advising clients regarding pre- and post-bankruptcy strategy, debt collection, judgment enforcement, and provisional remedies. He represents lenders and borrowers in a wide range of financing transactions, including debtor-in-possession financing, as well as lease and guaranty matters. He also has extensive litigation experience in bankruptcy and non-bankruptcy courts, at trial and appellate levels, including in the U.S. Supreme Court.
Gary represents both secured and unsecured creditors, creditors’ committees, landlords, and equity holders in creative recovery solutions in and outside of bankruptcy. He has proved adept at protecting landlord’s rights in retailer bankruptcy cases nationwide through negotiation and litigation when necessary. He has extensive experience in insolvency-related litigation, including preference and fraudulent transfer claims, as well as defending guarantors, owners, directors and officers.
Gary is Board Certified in Business Bankruptcy Law by the American Board of Certification and a Certified Legal Specialist in Bankruptcy Law by the State Bar of California.
For the past 35 years, Greg has focused his practice on searching for pragmatic solutions to complex problems in the context of restructuring, insolvency, and bankruptcy. He represents borrowers, debtors, secured creditors, trade creditors, contract counterparties, unsecured creditors’ committees, equity holders, and trustees on all sides of insolvency situations, with an emphasis on representing creditors of all types. Although Greg’s practice is industry agnostic, adapting to fluctuations in the business cycle, his matters often occur within the retail and consumer products, real estate, and consumer finance industries.
In addition to his bankruptcy practice, Greg advises financial services clients on consumer protection compliance and litigation. With the advance of technology resulting in new payment methods, new business platforms, and new means of conducting business with consumers, Greg provides guidance to financial institutions as they navigate the legal issues relating to the developing payment options.
Gary Kaplan is chair of Farella’s Restructuring, Insolvency and Creditors Rights practice group. He has decades of experience representing debtors, creditors, creditors’ committees, trustees, and receivers in a wide range of bankruptcy and nonbankruptcy matters. Gary’s practice includes both out of court and Chapter 11 restructurings, and advising clients regarding pre- and post-bankruptcy strategy, debt collection, judgment enforcement, and provisional remedies. He represents lenders and borrowers in a wide range of financing transactions, including debtor-in-possession financing, as well as lease and guaranty matters. He also has extensive litigation experience in bankruptcy and non-bankruptcy courts, at trial and appellate levels, including in the U.S. Supreme Court.
Gary represents both secured and unsecured creditors, creditors’ committees, landlords, and equity holders in creative recovery solutions in and outside of bankruptcy. He has proved adept at protecting landlord’s rights in retailer bankruptcy cases nationwide through negotiation and litigation when necessary. He has extensive experience in insolvency-related litigation, including preference and fraudulent transfer claims, as well as defending guarantors, owners, directors and officers.
Gary is Board Certified in Business Bankruptcy Law by the American Board of Certification and a Certified Legal Specialist in Bankruptcy Law by the State Bar of California.
For the past 35 years, Greg has focused his practice on searching for pragmatic solutions to complex problems in the context of restructuring, insolvency, and bankruptcy. He represents borrowers, debtors, secured creditors, trade creditors, contract counterparties, unsecured creditors’ committees, equity holders, and trustees on all sides of insolvency situations, with an emphasis on representing creditors of all types. Although Greg’s practice is industry agnostic, adapting to fluctuations in the business cycle, his matters often occur within the retail and consumer products, real estate, and consumer finance industries.
In addition to his bankruptcy practice, Greg advises financial services clients on consumer protection compliance and litigation. With the advance of technology resulting in new payment methods, new business platforms, and new means of conducting business with consumers, Greg provides guidance to financial institutions as they navigate the legal issues relating to the developing payment options.
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.
Formats
