What Is the Contemporaneous Exchange Defense to a Preference Action?
Creditor's Rights Toolkit
Preferences are a common issue in bankruptcy proceedings. The Bankruptcy Code provides several affirmative defenses to assist creditors in mitigating or eliminating their preference exposure. One such affirmative defense is the contemporaneous exchange defense.
This article addresses the key issues when asserting the contemporaneous exchange defense in a bankruptcy case. To access this article and read other insights from our Creditor's Rights Toolkit, please click here.