Bankruptcy Claims Filing, Preference Defense, and Pursuit Services

Comprehensive Bankruptcy Recovery Solutions?

Here are some processes we provide data-backed, expert-driven guidance on:

Bankruptcy Scrubbing
Optimize your portfolio by ensuring you get a scrubbed list of bankruptcy filings to help you identify accounts impacted by bankruptcy terms.

Data Integration for Seamless Updates
It is important to stay informed of recent filings to monitor as they occur. We integrate updated bankruptcy data directly into your systems, enabling real-time monitoring. Our service provides timely alerts for new filings that may impact your accounts, with customizable notifications based on account type, bankruptcy chapter, or other relevant criteria.

Sequential Reporting for Transparency
We enable ongoing monitoring of accounts subject to bankruptcy proceedings. Our detailed, real-time reports include essential data such as case numbers, filing dates, and affected amounts. This allows you to keep your portfolio compliant and up to date with regularly refreshed bankruptcy data.

Claims Management Services?

Efficient Claims Filing
Protect your rights as a creditor by filing accurate and timely bankruptcy claims. We ensure your claims are properly classified into categories such as secured, unsecured, priority, and administrative claims. Each type of claim is carefully reviewed to maximize recovery.

• Secured Claims: Backed by collateral, ensuring higher recovery priority.
• Unsecured Claims: Divided into priority (e.g., taxes, child support) and non-priority claims.
• Administrative Claims: Covering bankruptcy process expenses.
• Equity Security Interests: Addressing stock or equity claims.
• Contingent & Disputed Claims: Handling claims dependent on future events or contested in court.

Reclamation Claims
We help creditors recover goods sold to insolvent parties shortly before bankruptcy. Reclamation demands must be filed within strict deadlines, ensuring compliance and protection of your rights. If goods are still in the debtor’s possession, we work to recover them on your behalf.

Timing is critical when asserting a reclamation claim in bankruptcy:

Eligibility for Reclamation Claims

A seller may assert a reclamation claim if:

• The debtor received the goods while insolvent (meaning they were unable to pay their debts as they became due).
• The seller demands the return of the goods in writing within 45 days of delivery.
• If the buyer files for bankruptcy, the seller must make the demand within 20 days after the bankruptcy filing, even if the 45-day period hasn’t expired.

Preference Defense?

Preference Defense
For companies facing preference claims, we offer robust defense strategies. We have a team of licensed attorneys in all 50 states to strategically navigate preference claims for the most favorable outcome for creditors. Our team works to consequently reverse and defend claims where payments were made within the preference period.

Key preference defenses include:

Ordinary Course of Business Defense: If a payment was made in the ordinary course of business, following usual payment practices and within industry norms, we can argue that it should not be considered payment.

• New Value Defense: If a creditor extended new value (goods or services) to the insolvent party after receiving a payment during the preference period, this defense may be used to reduce or eliminate the preference claim.
• Contemporaneous Exchange Defense: This defense applies if the transfer was made as part of a contemporaneous exchange for new value, meaning the payment was made in exchange for something of equal value at the same time.
• Subsequent New Value Defense: This defense asserts that the creditor provided new value to the debtor after receiving the preference payment, and this new value offsets the preference demand.
• Substantially Contemporaneous Exchange: If the payment was made at roughly the same time as the creditor extended new value, this may support the defense that the transaction was fair and legitimate.
• De Minimis Defense: If the amount involved in the preference payment is very small (below a specified threshold), the claim may be challenged based on its minimal value.
• Insider Defense: If the payment was made to an insider (i.e., a relative or affiliated company), we can argue that the transaction should not be subject to recovery due to the specific protections provided under bankruptcy law.

Our team leverages these defenses to reduce or eliminate repayment exposure and minimize financial liability. We focus on protecting your assets while ensuring compliance with bankruptcy law.

Why Choose Cedar Financial?

• Tailored Expertise: Our deep understanding of bankruptcy law ensures accurate and timely filing of your claims, maintaining compliance as the foremost priority.
• Comprehensive Solutions: From monitoring and claims filing to preference defense, we offer end-to-end support. As each bankruptcy claim poses unique challenges, we tailor our approach to deliver the best outcome to you.
• Technology-Driven: Our real-time updates and seamless integration help you manage the claims process more efficiently.
• Results-Oriented Approach: We prioritize protecting your interests and maximizing your recovery.

Take Control of Bankruptcy Challenges Today?

Cedar Financial is here to guide you through bankruptcy claims filing, preference defense enabling comprehensive bankruptcy solutions providing a steady path through complex and time-sensitive bankruptcy challenges.

Let us help you protect your assets and recover what’s rightfully yours.

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