1. To what extent do the preference laws accomplish the objective of equitably redistributing monies paid to creditors by an insolvent debtor shortly before a bankruptcy filing?

2. To what extent do the preference laws accomplish the objective of helping a debtor deal with its creditors prior to a bankruptcy filing?

3a. How often are distributions to unsecured creditors in bankruptcy cases increased as a result of recoveries in preference actions?

4. The proceeds of preference actions should be permitted to be distributed: a. to the debtor for operations or funding a reorganization plan.

5. Should the following entities be able to obtain a lien on preference actions or recoveries? a. A post-petition lender

6. a. The period within which transfers to insider creditors should be recoverable as preferences is:

7. The following question seeks your opinion as to the types of payments that should be repaid to a bankruptcy estate. For each of the following fact patterns, assume that (i) you are not the defendant in the preference action; (ii) if the amount paid to the creditor were repaid to the bankruptcy estate, payment to you would significantly increase; and (iii) the amount paid to the creditor allows it to receive a significantly higher percentage of its claim than other creditors. Each fact pattern also asks you to respond assuming first, that the creditor is an insider, and second, that the creditor is not an insider. Please indicate with respect to each of the following fact patterns whether a payment made to a creditor should be repaid to the bankruptcy estate. a. The creditor obtains payment within 90 days prior to a bankruptcy and after filing suit against the debtor, where (i) the creditor is an insider, and (ii) the creditor is not an insider.

8. Should the following transactions be considered the same as the payment of money for purposes of determining whether the transaction should be set aside as a preference? a. The debtor returns goods sold by the creditor.

9. Should an increase in collateral that increases the amount recoverable by a secured creditor within a specified period prior to a bankruptcy be recoverable as a preference if: a. the debtor grants the secured creditor additional collateral to induce the secured creditor to lend additional money to the debtor?

10a. The current preference law has eight defenses or exceptions. Should the preference law be revised to avoid or set aside all transfers by a debtor on account of antecedent debts within a specific period of time before the filing of a bankruptcy without regard to defenses?

11. The date of transfer for purposes of determining whether a security interest is a preference should be:

12. Do the preference laws penalize creditors who provide financial accommodations to or otherwise work with a debtor in attempting to resolve its financial problems?

13. Preference actions should only be brought where the amount in issue is:

14. To what extent does the existence of preference laws affect your decision whether to insist on timely payments from a financially troubled debtor?

15. The risk of having to repay an out-of-court settlement amount as a preference would:

16. Where payment is made by check, the date of transfer, for purposes of determining whether the payment was made close enough to the bankruptcy to warrant its being set aside as a preference, should be: [Assume the check is not post-dated.]

17. Would a law requiring the losing party in preference litigation to pay the counsel fees of the winning party be a benefit or detriment to the bankruptcy process?

18. What one specific area of existing preference law most troubles you, and what should be done to resolve this issue? [Specify.]

20. Are you involved primarily with consumer or business credit?

21. What are the typical credit terms extended by your company?

22. How many bankruptcy cases have you been involved in?

23. How many preference lawsuits or threats of preference lawsuits have you defended?

24. How many creditors' committees have you served on?