Question 1

Why choose Marshall Presley & Pipal PLLC for a bankruptcy or insolvency dispute?

Accepted Answer

Because the stakes in insolvency litigation move fast and rarely give you a second chance to get it right. MPP's attorneys are admitted in every bankruptcy court in Texas and have defended adversary proceedings nationwide, representing everyone from Fortune 500 companies to community banks and individual creditors. Whether you're defending a preference claim or pursuing recovery on behalf of an estate, our team builds a strategy tailored to your specific case — not a one-size-fits-all approach.

Question 2

How do I get started with MPP Legal on a bankruptcy or creditors' rights matter?

Accepted Answer

Getting started is simple — schedule a consultation with our bankruptcy and insolvency litigation team, and we'll walk through the specifics of your case, the timelines involved, and the strategy that fits your position, whether you're a creditor, a trustee, or a business facing exposure from a distressed counterparty. Schedule a consultation to talk to an attorney directly.

Question 3

What is a preference or fraudulent-transfer claim in bankruptcy?

Accepted Answer

A preference claim arises when a bankruptcy trustee seeks to recover payments a debtor made to a creditor shortly before filing — typically within 90 days for most creditors, or up to a year for insiders — on the theory that the payment gave that creditor an advantage over others. A fraudulent-transfer claim is broader: it targets transfers made with intent to hinder or defraud creditors, or transfers made for less than reasonably equivalent value while the debtor was insolvent. Both types of claims can be defended using statutory exceptions, such as the ordinary-course-of-business or contemporaneous-exchange-for-value defenses, which is why building a strong factual record early matters.

Question 4

What's the difference between Chapter 7 and Chapter 11 bankruptcy for a creditor?

Accepted Answer

In a Chapter 7 case, the debtor's business typically stops operating and a trustee liquidates its assets to distribute to creditors according to priority. In a Chapter 11 case, the debtor usually continues operating while reorganizing its debts under a court-approved plan, and creditors may be repaid over time rather than in a lump sum. The chapter a debtor files under affects how creditors' claims are treated, the timeline for asserting rights, and the leverage creditors have in negotiations — which is why it's important to understand which chapter you're dealing with early in the process.

Question 5

Can bankruptcy proceedings cross state or national lines?

Accepted Answer

Yes. Cross-border insolvency cases can involve a debtor with assets, creditors, or operations in multiple countries, which raises questions about which court has jurisdiction and whether a foreign proceeding will be recognized domestically. In the U.S., these cases are often addressed under Chapter 15 of the Bankruptcy Code, which provides a framework for cooperation between U.S. courts and foreign insolvency proceedings. Complex insolvency matters can also cross state lines, involving multiple domestic courts and competing creditor interests, which adds another layer of strategic complexity to the case.

Insolvency Litigation

Bankruptcy, Insolvency & Creditors' Rights Litigation Attorneys

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Bankruptcy, Insolvency & Creditors' Rights Litigation Attorneys

Need Help? Let’s Get in Touch

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