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Preference Update: SBRA's Due Diligence Requirement

American Bankruptcy Institute Webinar


Date: April 8, 2020

Time: 1:00PM - 2:00PM

Tim McKeon will be participating in this webinar panel to discuss the Small Business Reorganization Act’s requirement that a trustee (or debtor-in-possession) take into account a defendant’s defenses before bringing an action. This amendment, which is applicable in all cases, requires the plaintiff to engage in reasonable due diligence regarding a defendant’s affirmative defenses before initiating a preference action. The panel will discuss different approaches to satisfy the new requirement.

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Timothy J. McKeon is an attorney focused on bankruptcy and restructuring matters. He has represented Chapter 11 debtors, secured and unsecured creditors, indenture trustees, and defendants in bankruptcy litigation matters.