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Recovering the Value of Preferential Transfers of Goods or Equipment: Seller Beware

By Norman N. Kinel and Timothy A. Solomon
March 26, 2008

Part One of a Two-Part Article

Imagine you are an equipment manufacturer. You sell $45 million in goods to a reliable customer on credit, shipping them to a third-party warehouse to be held for the customer to pick up when needed. Months later, unable to pay and sliding toward bankruptcy, the customer returns the unused equipment. The next thing you know, the customer, having filed for bankruptcy, sues YOU to recover not only the $45 million value of the returned equipment, but also an additional $55 million in cash payments the customer had made.

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