Preference Defense
Bankruptcy & Restructuring
Defense of Preference and Avoidance Actions for Creditors, Vendors, and Financial Institutions
WH Burkley represents trade creditors, landlords, vendors, financial institutions, and other counterparties facing preference and avoidance actions in bankruptcy proceedings nationwide.
With experience across Ohio, Pennsylvania, and multiple jurisdictions, we provide strategic, efficient defense of Section 547 preference claims, fraudulent transfer actions, and related litigation. We help clients protect recoveries, minimize exposure, and resolve matters efficiently, whether addressing a single claim or managing a portfolio of cases.
Preference and Avoidance Defense
• Responding to pre-litigation demand letters
• Evaluating exposure under Section 547 and related statutes
• Developing and asserting key defenses, including ordinary course of business, new value, and timing defenses
• Negotiating early settlements and structured resolutions
• Defending adversary proceedings in bankruptcy courts
• Managing discovery, motion practice, and trial strategy
Portfolio and High-Volume Defense
• Developing coordinated defense strategies across multiple claims
• Standardizing documentation and defense positions to improve efficiency
• Managing filings across multiple jurisdictions
• Negotiating global or programmatic settlements
Strategic Advisory and Risk Management
• Early assessment of liability and defense strategy
• Cost-effective resolution planning
• Preserving key business relationships and customer accounts
• Structuring scalable approaches for recurring exposure
Insight Across the Process
Our preference defense work is informed by our experience representing committees, trustees, litigation fiduciaries, and other stakeholders in bankruptcy proceedings. This perspective provides insight into how avoidance actions are:
• Investigated and valued
• Prioritized and pursued
• Resolved through settlement or litigation
Our Approach
- Align defense strategy with each client’s business objectives and risk tolerance
- Move matters forward efficiently across negotiations, litigation, and resolution
- Coordinate across jurisdictions to manage high-volume and multi-forum matters
- Focus on minimizing exposure while preserving business relationships
- Prioritize responsiveness, clear communication, and cost-effective outcomes
Why WH Burkley
- Deep experience defending preference and avoidance actions across a wide range of industries
- Efficient management of both single-claim disputes and high-volume recovery programs
- Practical, business-focused strategies designed to minimize exposure and control costs
- Insight gained from representing committees, trustees, fiduciaries, creditors, and other restructuring stakeholders
- Strong regional presence and the ability to handle matters nationwide
Recognition
Best Law Firms | Cleveland
- Band 1 – Litigation – Bankruptcy
- Band 1 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Band 1 – Banking and Finance Law
- Band 1 – Commercial Transactions / UCC Law
Best Law Firms | Pittsburgh
- Band 1 – Litigation – Bankruptcy
- Band 1 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Band 2 – Litigation – Commercial
Best Law Firms | US
- Band 2 – Banking and Finance Law
- Band 2 – Litigation – Bankruptcy
- Band 2 – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
*Certain recognitions displayed on this page were earned prior to the formation of WH Burkley LLP and may reflect the accomplishments of our legacy firms, Walter Haverfield LLP and Bernstein-Burkley, P.C.