Powerwave Technologies, Inc. – Preference Defense Lawyer

Powerwave Technologies, Inc.

On July 1, 2015, From January 23-27, 2015, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of Powerwave Technologies, Inc. (“Powerwave”), filed approximately 102 preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the United States Bankruptcy Code.

Powerwave originally filed a petition for bankruptcy in the District of Delaware on January 28, 2013 under Chapter 11 of the United States Bankruptcy Code, and the case was converted to one under Chapter 7 on June 11, 2013. These adversary actions are before the Honorable Mary Walrath.

Common Defenses in Preference Actions

The United States Bankruptcy Code provides many affirmative defenses to preference actions, contained within Section 547(c). For example, the most common defenses that may be available to a Defendant under Section 547(c) may include:

• the transfer was a contemporaneous exchange for new value given to the debtor (i.e., the debtor received something of value in exchange for the transfer); 11 U.S.C. §547(c)(1);
• after such transfer, Defendant gave new value to or for the benefit of the debtor (i.e., the Defendant extended additional credit to the Debtor after receiving the transfer) 11 U.S.C. §547(c)(4); or
• the transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the recipient (i.e., Defendant made the transfer under ordinary business terms). 11 U.S.C. §547(c)(2).

For more information, see our page on Preference Defense Litigation: http://www.tobialaw.com/practice-areas/delaware-preference-defense-lawyer/

If you conducted business with Powerwave Technologies, Inc., and especially if you have received a demand letter or complaint, contact us here, email us at info@tobialaw.com or call the firm’s Wilmington offices directly at (302) 655-5303 to schedule an initial consultation. We can discuss the circumstances and share with you our initial observations at no charge.