The Bernstein-Burkley, P.C., Preference Defense Team was created in response to the marked increase in claims for preferential transfers being filed in connection with bankruptcy cases. Over the last few years, our clients have been deluged with demands for return of payments made by their bankrupt debtor customers. We saw a need to create a cost-efficient nationwide defense to these claims and the Preference Defense Team was born.
PREFERENCE DEFENSE TEAM
Bob Bernstein: Bob is a partner at the firm. A seasoned creditors’ rights and bankruptcy attorney, Bob has achieved the rare distinction of being certified in both Creditors’ Rights and Business Bankruptcy by the American Board of Certification. He has served as President of the Commercial Law League of America, North America’s oldest creditors’ rights organization, and is an active member of the Allegheny County Bar Association, where he has served as Chairman of the Bankruptcy and Commercial Law Section as well as several other creditors’ rights and bankruptcy and technology-related committees. He is also a member of the state bars of Pennsylvania, Florida, West Virginia, and New York.
Kirk B. Burkley: Kirk is managing partner of the firm, and like Bob, is board-certified in Business Bankruptcy and Creditors’ Rights by the American Board of Certification. In 2020, Kirk served as President of the American Board of Certification, and in 2021, he served as Chairman. The Bankruptcy & Restructuring group at Bernstein-Burkley handles bankruptcy cases nationwide and acts as an efficient clearinghouse and one-stop shop for clients’ bankruptcy and restructuring needs. Kirk is experienced in representing secured and unsecured creditors in bankruptcy, financial restructuring and workout situations, including the representation of numerous unsecured creditors’ committees, equipment lessors, and commercial landlords.
Arthur W. Zamosky: Arthur is senior counsel with Bernstein-Burkley, P.C., and concentrates his practice on litigating matters on behalf of the firm’s clients. He has experience representing clients in the federal and state courts of both Pennsylvania and West Virginia as well as in various arbitration and mediation settings.
While past cases are not a guarantee or indicator of future success, Bernstein-Burkley, P.C., Preference Defense Team’s recent victories include:
- A $12,000 preference settled for $1,000 with minimal costs to our client.
- A $13,532 preference settled for $1,000 with less than $1,000 costs to our client.
- A $200,000 claim settled by withdrawal of client’s unsecured claim, the legal costs to our client $2,500.
- A $392,000 claim settled, the legal costs to our client $6,000.
- A $35,437.78 preference claim settled with $2,000 cost to our client.
- A $151,936.70 claim settled with the legal cost to our client $5,500.00.
- A claim filed for $180,000 and settled for $5,000.
- A claim filed for $22,000 and settled for $4,000.
- A claim filed for $18,000 and settled for $1,700.
- A claim filed for $32,000 and settled for $1,500.
- A claim filed for $25,000 was settled for $5,000 with minimal cost to our client.
- A claim filed for $39,367.37 was settled for $3,000 with minimal cost to our client.
- A $65,000 preference dismissed for approximately $5,000 in attorney fees.
- A $66,000 claim dismissed with no payment, the legal costs to our client was $2,600.
- A $103,000 claim dismissed with no payment, the legal costs to our client was $1,800.
- A $25,000 claim dismissed with no payment, the legal costs to our client was $700.
- A $35,437.76 claim that was dismissed with no payment, the legal cost to our client was $2,000.00.
- A $151,936.70 preference dismissed with no payment. the total cost to our client was $5,500.00.
- A claim filed $15,712 but was dismissed, $0 paid by client (with waiver of unsecured claim).
- UNDERSTANDING PREFERENCE ACTIONS UNTER THE BANKRUPTCY CODE
- DEFENDING PREFERENCE ACTIONS: CONTEMPORANEOUS EXCHANGE FOR NEW VALUE
- DEFENDING PREFERENCE ACTIONS: ORDINARY COURSE OF BUSINESS
- DEFENDING PREFERENCE ACTIONS: PURCHASE MONEY SECURITY INTEREST TRANSFERS
- DEFENDING PREFERENCE ACTIONS: TRANSFERS FOR SUBSEQUENT NEW VALUE
- DEFENDING PREFERENCE ACTIONS: SECURITY INTERESTS IN INVENTORY OR RECEIVABLES
- DEFENDING PREFERENCE ACTIONS: STATUTORY LIENS
- DEFENDING AGAINST PREFERENCE ACTIONS: THE DOMESTIC SUPPORT OBLIGATION EXCEPTION
For more information on preference defense, please contact Bernstein-Burkley, P.C..