Creditors' Rights & Bankruptcy Litigation and Enforcement

Avoidance actions in bankruptcy cases include federal and state law fraudulent transfer claims and preference actions. These tools permit a bankruptcy trustee (or debtor-in-possession) to avoid and recover certain payments or transfers made by a debtor to a creditor prior to the filing of a bankruptcy petition that would provide the creditor with an advantage in the bankruptcy case vis-a-vis other creditors. Said another way, these powerful tools allow a trustee to attempt to level the playing field, promoting the equality of distribution among a debtor’s creditors.

Click here to read the full article written by Kristen Eustis (starting on page 9) for The Baltimore Barrister, a Bar Association of Baltimore City publication.