WEBCAST: VESTIS RETAIL GROUP, LLC, SPORTS CHALET, LLC AND THE PREFERENCE DEMANDS: VENDOR DEFENSES TO CHALLENGE THE CLAW BACK

 
VESTIS RETAIL GROUP, LLC, SPORTS CHALET, LLC AND THE PREFERENCE DEMANDS: VENDOR DEFENSES TO CHALLENGE THE CLAW BACK

Vestis Retail Group, LLC and Sports Chalet, LLC are making preference demands on vendors for bankruptcy preferences. What billing, collection, and application of payment strategies should you consider in response to the preference demand? What recent court rulings impact you with the preference defense strategies? What is the interplay between the Bankruptcy Reform Act's 20 day claim and the preference new value defense? What are hot preference defense strategies? In this webcast, Hal Schaeffer, President and CEO of D & H Credit Services Inc., Ron Clifford, and I will discuss:

• Vestis Retail Group, LLC and Sports Chalet, LLC; Chapter 11; U.S. Bankruptcy Court - Wilmington, DE;
• What are the elements and burdens of proof that must be established for a preference;
• The common defenses asserted by the vendor: contemporaneous exchange (do credit transactions apply?); ordinary course of business (methods of analyzing your defense); and new value (paid vs. unpaid);
• Interplay between section 503(b)(9) claim and new value;
• The documents needed to build the preference defenses;
• Communication with Vestis Retail Group, LLC and Sports Chalet, LLC prior to bankruptcy;
• Hot topic defenses: credit card payment and jury demand;
• Statute of limitations: how much time to commence a preference lawsuit; and
• Document retention policy and preserving e-information.

We will webcast on Thursday, March 15th, at 11:00 a.m. pdt / 2:00 p.m. edt for 60 minutes. You may email questions in advance of the webcast, which we will consider during the webcast. During the webcast, you may post questions, which we will respond in real time.  

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Sincerely,
Scott Blakeley
Blakeley LLP
18500 Von Karman Avenue, Suite 530
Irvine, California 92612
V. (949) 260-0611 / F. (949) 260-0613
seb@BlakeleyLLP.com / www.BlakeleyLLP.com