Article · Commercial

You Got Paid, So Now You Have to Give It Back: How Bankruptcy Clawbacks Actually Work

11 U.S.C. § 547

Type
Article
Jurisdiction
National
Date
2025-04-29
Topic
Commercial

A supplier ships goods, invoices, and gets paid. Ninety days later the customer files bankruptcy and a trustee demands the money back. Nothing was wrong with the transaction, the supplier did nothing improper, and the demand is nonetheless well founded. This article explains why bankruptcy treats ordinary payment as a recoverable transfer, what the preference elements actually require, and which defenses do real work. It then covers fraudulent transfers, where the theory is that the debtor gave away value rather than that a creditor received too much, and the safe harbors that immunize enormous categories of payments. It closes with the practical side: how to evaluate a demand letter, what documents decide the case, and the settlement dynamics that resolve almost all of these disputes.

You Got Paid, So Now You Have to Give It Back: How Bankruptcy Clawbacks Actually Work

Commercial > Bankruptcy Preferences, Fraudulent Transfers, and Creditor Clawback | Published 29 April 2025 - Updated 23 February 2026 | UpLaw - uplaw.us

The demand letter that makes no sense

Two years after a customer's bankruptcy, a letter arrives. It says that during the ninety days before the filing, your company received $214,000 from the debtor, that those payments are avoidable preferences, and that unless you pay the money back within thirty days, suit will follow.

The full text of this document is available to Executive subscribers and above. See plans.