ABI Consumer Bankruptcy
Reform Forum

ABI Preference Survey No. 2
Practitioners


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?

Frequency
Valid Percent
Valid Not at all 13 3.7%
A little 91 25.6%
Somewhat 132 37.1%
Pretty Much 98 27.5%
A great deal 22 6.2%
Total 356 100%
Missing 0
Total 356


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

Frequency
Valid Percent
Valid Not at all 102 28.7%
A little 109 30.6%
Somewhat 94 26.4%
Pretty Much 39 11.0%
A great deal 12 3.4%
Total 356 100%
Missing 0
Total 356


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

Frequency
Valid Percent
Valid Never 2 0.6%
Rarely 131 36.9%
Sometimes 161 45.4%
Frequently 60 16.9%
Always 1 0.3%
Total 355 100%
Missing 1
Total 356
b. If you circled 2 [Rarely], 3 [Sometimes], 4 [Frequently] or 5 [Always] in question 3a (above), to what extent are recoveries increased?
Frequency
Valid Percent
Valid Minimally 209 59.5%
Moderately 132 37.6%
A great deal 10 2.8%
Total 351 100%
Missing 5
Total 356


4. How often are preference causes of action utilized as a means of obtaining working capital through: a. using cash recovered from avoidable preferences?

Frequency
Valid Percent
Valid Never 85 24.1%
Rarely 188 53.3%
Sometimes 69 19.5%
Frequently 11 3.1%
Total 353 100%
Missing 3
Total 356
b. granting liens on preference claims as collateral for the extension of post-petition financing?
Frequency
Valid Percent
Valid Never 89 25.4%
Rarely 184 52.4%
Sometimes 65 18.5%
Frequently 13 3.7%
Total 351 100%
Missing 5
Total 356


5. How often are you positively influenced to accept or pursue employment in a bankruptcy case because of the existence of potential preference litigation if you are to be retained as a professional by: a. a debtor?

Frequency
Valid Percent
Valid Not Applicable 47 13.2%
Never 130 36.6%
Rarely 117 33.0%
Sometimes 47 13.2%
Frequently 14 3.9%
Total 355 100%
Missing 1
Total 356
b. a creditors' committee?
Frequency
Valid Percent
Valid Not Applicable 41 11.5%
Never 71 19.9%
Rarely 98 27.5%
Sometimes 124 34.8%
Frequently 22 6.2%
Total 356 100%
Missing 0
Total 356
c. a trustee?
Frequency
Valid Percent
Valid Not Applicable 69 19.4%
Never 48 13.5%
Rarely 46 13.0%
Sometimes 119 33.5%
Frequently 73 20.6%
Total 355 100%
Missing 1
Total 356


6. How often is preference litigation commenced in: a. Chapter 7 cases?

Frequency
Valid Percent
Valid No Knowledge 18 5.1%
Never 4 1.1%
Rarely 81 22.8%
Sometimes 142 39.9%
Frequently 111 31.2%
Total 356 100%
Missing 0
Total 356
b. Chapter 11 cases pre-confirmation?
Frequency
Valid Percent
Valid No Knowledge 12 3.4%
Never 19 5.4%
Rarely 139 39.3%
Sometimes 147 41.5%
Frequently 37 10.5%
Total 354 100%
Missing 2
Total 356
c. Chapter 11 cases post-confirmation?
Frequency
Valid Percent
Valid No Knowledge 14 4.0%
Never 13 3.7%
Rarely 70 19.9%
Sometimes 190 54.1%
Frequently 64 18.2%
Total 351 100%
Missing 5
Total 356
d. Chapter 13 cases?
Frequency
Valid Percent
Valid No Knowledge 141 40.1%
Never 82 23.3%
Rarely 116 33.0%
Sometimes 13 3.7%
Frequently 0 0%
Total 352 100%
Missing 4
Total 356


7. In business cases, how often a. is preference litigation commenced?

Frequency
Valid Percent
Valid No Knowledge 8 2.3%
Never 0 0%
Rarely 42 11.8%
Sometimes 197 55.5%
Frequently 108 30.4%
Total 355 100%
Missing 1
Total 356
b. are sums recovered from preferences, net of costs of collection?
Frequency
Valid Percent
Valid No Knowledge 9 2.5%
Never 1 0.3%
Rarely 59 16.6%
Sometimes 189 53.1%
Frequently 98 27.1%
Total 356 100%
Missing 0
Total 356
c. do net preference recoveries increase payments to unsecured creditors?
Frequency
Valid Percent
Valid No Knowledge 8 2.2%
Never 2 0.6%
Rarely 133 37.4%
Sometimes 164 46.1%
Frequently 49 13.8%
Total 356 100%
Missing 0
Total 356


8. In individual cases, how often: a. is preference litigation commenced?

Frequency
Valid Percent
Valid No Knowledge 54 15.2%
Never 10 2.8%
Rarely 161 45.2%
Sometimes 118 33.1%
Frequently 13 3.7%
Total 356 100%
Missing 0
Total 356
b. are sums recovered from preferences, net of costs of collection?
Frequency
Valid Percent
Valid No Knowledge 60 16.9%
Never 9 2.5%
Rarely 153 43.0%
Sometimes 99 27.8%
Frequently 35 9.8%
Total 356 100%
Missing 0
Total 356
c. do net preference recoveries increase payments to unsecured creditors?
Frequency
Valid Percent
Valid No Knowledge 60 16.9%
Never 17 4.8%
Rarely 167 47.0%
Sometimes 91 25.6%
Frequently 20 5.6%
Total 355 100%
Missing 1
Total 356


9. How often are preference claims: a. settled by payment following a pre-complaint demand letter?

Frequency
Valid Percent
Valid Never 10 2.8%
Rarely 109 30.6%
Sometimes 182 51.1%
Frequently 55 15.4%
Total 356 100%
Missing 0
Total 356
b. abandoned following a pre-complaint demand letter?
Frequency
Valid Percent
Valid Never 11 3.1%
Rarely 111 31.2%
Sometimes 198 55.6%
Frequently 36 10.1%
Total 356 100%
Missing 0
Total 356
c. settled by payment following the filing of a complaint, but before trial?
Frequency
Valid Percent
Valid Never 1 0.3%
Rarely 9 2.5%
Sometimes 118 33.2%
Frequently 227 63.9%
Total 355 100%
Missing 1
Total 356
d. dismissed following the filing of a complaint?
Frequency
Valid Percent
Valid Never 8 2.3%
Rarely 187 52.9%
Sometimes 145 40.8%
Frequently 15 4.2%
Total 355 100%
Missing 1
Total 356
e. tried to judgment?
Frequency
Valid Percent
Valid Never 7 2.0%
Rarely 221 62.3%
Sometimes 118 33.2%
Frequently 9 2.5%
Total 355 100%
Missing 1
Total 356


10. How often does the 90-day preference period affect the decision on when to file a bankruptcy case: a. when you are representing a debtor?

Frequency
Valid Percent
Valid Not Applicable 38 10.7%
Never 6 1.7%
Rarely 49 13.8%
Sometimes 158 44.4%
Frequently 105 29.5%
Total 356 100%
Missing 0
Total 356
b. when you are filing an involuntary petition for creditors?
Frequency
Valid Percent
Valid Not Applicable 61 17.1%
Never 14 3.9%
Rarely 27 7.6%
Sometimes 88 24.7%
Frequently 166 46.6%
Total 356 100%
Missing 0
Total 356


11a. In what percentage of preference actions are each of the following defenses raised ?

Mean Percent
Valid Contemporaneous exchange (§ 547(c)(1)) 46.885%
Ordinary course of business (§ 547(c)(2)) 73.387%
Purchase money security interest (§ 547(c)(3)) 16.263%
Subsequent new value (§ 547(c)(4)) 49.162%
Floating lien (§ 547(c)(5)) 14.898%
  1. In what percentage of preference actions do each of the following defenses have some merit?
Mean Percent
Valid Contemporaneous exchange (§ 547(c)(1)) 34.628%
Ordinary course of business (§ 547(c)(2)) 57.763%
Purchase money security interest (§ 547(c)(3)) 20.234%
Subsequent new value (§ 547(c)(4)) 40.551%
Floating lien (§ 547(c)(5)) 16.125%
  1. Which, if any, of the following defenses to preference actions should be eliminated?
Frequency Yes
Percent Yes
Valid Contemporaneous exchange (§ 547(c)(1))
8
2.2%
Ordinary course of business (§ 547(c)(2))
38
10.7%
Purchase money security interest (§ 547(c)(3))
9
2.5%
Subsequent new value (§ 547(c)(4))
36
10.1%
Floating lien (§ 547(c)(5))
50
14.0%


13. What, if any, defenses to preference actions should be added to the existing statute. [Specify.]

[Responses not compiled.]


14. Should the ordinary course of business defense be available with regard to payments on long-term debt?

Frequency
Valid Percent
Valid No 62 17.5%
Yes 293 82.5%
Total 355 100%
Missing 1
Total 356


15. Does the party bringing a preference action normally sue for an amount: a. net of new value?

Frequency
Valid Percent
Valid No 279 78.8%
Yes 75 21.2%
Total 354 100%
Missing 2
Total 356
b. net of ordinary course of business payments?
Frequency
Valid Percent
Valid No 296 83.9%
Yes 57 16.1%
Total 353 100%
Missing 3
Total 356


16. When you represent the party bringing a preference action: a. how often do you conduct a subsequent new value defense analysis prior to filing a suit?

Frequency
Valid Percent
Valid Not Applicable 47 13.5%
Never 14 4.0%
Rarely 43 12.3%
Sometimes 57 16.3%
Frequently 103 29.5%
Always 85 24.4%
Total 349 100%
Missing 7
Total 356
b. how often do you conduct an ordinary course of business defense analysis prior to filing a suit?
Frequency
Valid Percent
Valid Not Applicable 46 13.2%
Never 8 2.3%
Rarely 37 10.6%
Sometimes 62 17.8%
Frequently 112 32.1%
Always 84 24.1%
Total 349 100%
Missing 7
Total 356


17. What is the typical percentage applied to settle preference claims, regardless of whether valid defenses exist?

Mean Percent
58.512%


18a. What, if any, is the minimum dollar amount of preference claims that must be in controversy for it to be financially worthwhile to prosecute a preference action?

Frequency
Valid Percent
Valid 0 to $500 4 1.1%
$501 to $1,000 10 2.8%
$1,001 to $2,000 44 12.4%
$2,001 to $5,000 121 34.1%
$5,001 to $10,000s 91 25.6%
Greater than $10,000 85 23.9%
Total 355 100%
Missing 1
Total 356
b. What, if any, is the minimum dollar amount of preference claims that must be in controversy for it to be financially worthwhile to defend a preference action?
Frequency
Valid Percent
Valid 0 to $500 3 0.8%
$501 to $1,000 12 3.4%
$1,001 to $2,000 39 11.0%
$2,001 to $5,000 113 32.0%
$5,001 to $10,000s 112 31.7%
Greater than $10,000 74 21.0%
Total 353 100%
Missing 3
Total 356


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

Frequency
Valid Percent
Valid Definitely Not 36 10.3%
Probably Not 71 20.2%
Probably Yes 139 39.6%
Definitely Yes 105 29.9%
Total 351 100%
Missing 5
Total 356
b. to secured creditors (if authorized by court order).
Frequency
Valid Percent
Valid Definitely Not 88 25.4%
Probably Not 119 34.3%
Probably Yes 106 30.5%
Definitely Yes 34 9.8%
Total 347 100%
Missing 9
Total 356
c. to retained professionals for allowed fees and expenses.
Frequency
Valid Percent
Valid Definitely Not 19 5.4%
Probably Not 34 9.7%
Probably Yes 147 41.9%
Definitely Yes 151 43.0%
Total 351 100%
Missing 5
Total 356
d. only to creditors similarly situated to the creditor from which the recovery was received.
Frequency
Valid Percent
Valid Definitely Not 125 36.1%
Probably Not 106 30.6%
Probably Yes 75 21.7%
Definitely Yes 40 11.6%
Total 346 100%
Missing 10
Total 356
e. to creditors in order of the priority of their claims.
Frequency
Valid Percent
Valid Definitely Not 13 3.7%
Probably Not 41 11.7%
Probably Yes 125 35.8%
Definitely Yes 170 48.7%
Total 349 100%
Missing 7
Total 356
f. in any manner provided in the Chapter 11 plan.
Frequency
Valid Percent
Valid Definitely Not 37 10.6%
Probably Not 77 22.1%
Probably Yes 129 37.1%
Definitely Yes 105 30.2%
Total 348 100%
Missing 8
Total 356


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

Frequency
Valid Percent
Valid No 127 35.9%
Yes 227 64.1%
Total 354 100%
Missing 2
Total 356
b. A pre-petition creditor as part of its adequate protection
Frequency
Valid Percent
Valid No 201 56.8%
Yes 153 43.2%
Total 354 100%
Missing 2
Total 356
c. A post-confirmation lender
Frequency
Valid Percent
Valid No 148 41.8%
Yes 206 58.2%
Total 354 100%
Missing 2
Total 356


21a. The period within which transfers to insider creditors should be recoverable as preferences is:

Frequency
Valid Percent
Valid 30 days before bankruptcy 2 0.6%
60 days before bankruptcy 1 0.3%
90 days before bankruptcy 20 5.6%
120 days before bankruptcy 5 1.4%
180 days before bankruptcy 58 16.4%
1 year before bankruptcy 176 49.7%
anytime after the debtor becomes insolvent 92 26.0%
Total 354 100%
Missing 2
Total 356
b. The period within which transfers to noninsider creditors should be recoverable as preferences is:
Frequency
Valid Percent
Valid 30 days before bankruptcy 24 6.8%
60 days before bankruptcy 47 13.3%
90 days before bankruptcy 197 55.6%
120 days before bankruptcy 40 11.3%
180 days before bankruptcy 27 7.6%
1 year before bankruptcy 11 3.1%
anytime after the debtor becomes insolvent 8 2.3%
Total 354 100%
Missing 2
Total 356


22. 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 do not represent a party to the preference action; (ii) if the amount paid to the creditor were repaid to the bankruptcy estate, payment to the unsecured creditors 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.

CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 8 2.3% Definitely Not 12 3.4%
Probably Not 7 2.0% Probably Not 43 12.3%
Probably Yes 69 19.7% Probably Yes 121 34.7%
Definitely Yes 266 76.0% Definitely Yes 173 49.6%
Total 350 100% Total 349 100%
Missing 6 7
Total 356 356
b. The creditor obtains payment within 90 days prior to a bankruptcy and after threatening to file suit, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 6 1.7% Definitely Not 9 2.6%
Probably Not 8 2.3% Probably Not 40 11.4%
Probably Yes 71 20.3% Probably Yes 127 36.3%
Definitely Yes 265 75.7% Definitely Yes 174 49.7%
Total 350 100% Total 350 100%
Missing 6 6
Total 356 356
c. The creditor obtains payment within 90 days prior to a bankruptcy and after sending one or more written delinquency notices to the debtor, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 5 1.4% Definitely Not 14 4.0%
Probably Not 18 5.2% Probably Not 56 16.1%
Probably Yes 76 21.8% Probably Yes 126 36.2%
Definitely Yes 249 71.6% Definitely Yes 152 43.7%
Total 348 100% Total 348 100%
Missing 8 8
Total 356 356
d. The creditor obtains payment within 90 days prior to a bankruptcy and after making one or more phone calls to the debtor requesting payment, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 7 2.0% Definitely Not 16 4.6%
Probably Not 18 9.2% Probably Not 72 20.7%
Probably Yes 81 23.3% Probably Yes 118 33.9%
Definitely Yes 242 69.5% Definitely Yes 142 40.8%
Total 348 100% Total 348 100%
Missing 8 8
Total 356 356
e. The creditor obtains payment within 90 days prior to a bankruptcy, based on a request by the debtor to accept late payment, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 14 4.0% Definitely Not 41 11.7%
Probably Not 48 13.7% Probably Not 134 38.3%
Probably Yes 110 31.4% Probably Yes 97 27.7%
Definitely Yes 178 50.9% Definitely Yes 78 22.3%
Total 350 100% Total 350 100%
Missing 6 6
Total 356 356
f. Without any overt collection efforts by the creditor, the debtor makes payment to the creditor within 90 days prior to a bankruptcy, pursuant to an out-of-court restructuring that treats certain creditors better than others, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 15 4.3% Definitely Not 43 12.3%
Probably Not 26 7.4% Probably Not 88 25.1%
Probably Yes 94 26.9% Probably Yes 112 32.0%
Definitely Yes 215 61.4% Definitely Yes 107 30.6%
Total 350 100% Total 350 100%
Missing 6 6
Total 356 356
g. Without any overt collection efforts by the creditor, the debtor makes payment to the creditor within 90 days prior to a bankruptcy because the debtor desires to treat that creditor more favorably than other creditors, where (i) the creditor is an insider, and (ii) the creditor is not an insider.
CREDITOR IS AN INSIDER
CREDITOR IS NOT AN INSIDER
Frequency
Valid Percent
Frequency
Valid Percent
Valid Definitely Not 11 3.1% Definitely Not 20 5.7%
Probably Not 6 1.7% Probably Not 51 14.6%
Probably Yes 65 18.6% Probably Yes 109 31.1%
Definitely Yes 268 76.6% Definitely Yes 170 48.6%
Total 350 100% Total 350 100%
Missing 6 6
Total 356 356


23. 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.

Frequency
Valid Percent
Valid No 237 67.5%
Yes 114 32.5%
Total 351 100%
Missing 5
Total 356
b. The debtor transfers goods to the creditor not originally sold by that creditor.
Frequency
Valid Percent
Valid No 18 5.1%
Yes 333 94.9%
Total 351 100%
Missing 5
Total 356
c. The debtor grants the creditor a security interest in the debtor's assets.
Frequency
Valid Percent
Valid No 26 7.5%
Yes 322 92.5%
Total 348 100%
Missing 8
Total 356
d. The debtor grants the creditor a mortgage on the debtor's real estate.
Frequency
Valid Percent
Valid No 29 8.3%
Yes 319 91.7%
Total 348 100%
Missing 8
Total 356
e. The court imposes a lien after a judgment is obtained by the creditor.
Frequency
Valid Percent
Valid No 95 27.4%
Yes 252 72.6%
Total 347 100%
Missing 9
Total 356
f. The court imposes a lien upon initiation of a suit by the creditor and prior to judgment.
Frequency
Valid Percent
Valid No 57 16.5%
Yes 289 83.5%
Total 346 100%
Missing 10
Total 356


24. 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?

Frequency
Valid Percent
Valid No 303 86.6%
Yes 47 13.4%
Total 350 100%
Missing 6
Total 356
b. the debtor grants the secured creditor additional collateral to induce the secured creditor to grant favorable concessions (e.g., reduction in interest rate, extension of maturity date, etc.) to the debtor?
Frequency
Valid Percent
Valid No 259 74.4%
Yes 89 25.6%
Total 348 100%
Missing 8
Total 356
c. the amount of the collateral increases as a result of additional goods sold on credit and unpaid for as of the date of the bankruptcy?
Frequency
Valid Percent
Valid No 211 60.6%
Yes 137 39.4%
Total 348 100%
Missing 8
Total 356


25a. 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?

Frequency
Valid Percent
Valid No opinion 9 2.5%
No 326 91.8%
Yes 20 5.6%
Total 355 100%
Missing 1
Total 356
b. If the current law were revised to avoid or set aside all transfers by a debtor within a specified period before the filing of a bankruptcy without regard to defenses, the avoidance period should be:
Frequency
Valid Percent
Valid one week or less 66 19.1%
30 days. 153 44.2%
60 days. 58 16.8%
90 days. 52 15.0%
more than 90 days 17 4.9%
Total 356 100%
Missing 0
Total 356


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

Frequency
Valid Percent
Valid the date the security interest was granted, regardless of perfection date 37 10.5%
the date the security interest was granted only if perfected within 10 days 42 11.9%
the date the security interest was granted only if perfected within 20 days 45 12.8%
the date the security interest was granted only if perfected within 30 days 20 5.7%
the date the security interest was granted only if perfected before the bankruptcy filing 19 5.4%
the date the security interest was deemed perfected under state law 174 49.4%
Other 1 0.3%
No opinion 14 4.0%
Total 352 100%
Missing 4
Total 356


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

Frequency
Valid Percent
Valid No opinion 26 7.3%
No 111 31.4%
Yes 217 61.3%
Total 354 100%
Missing 2
Total 356


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

Frequency
Valid Percent
Valid any amount, without a minimum 39 11.0%
greater than $600 8 2.3%
greater than $1,000 98 27.8%
greater than $5,000 125 35.4%
greater than $10,000 52 14.7%
greater than $25,000 15 4.2%
other 16 4.2%
Total 353 100%
Missing 3
Total 356


29. 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?

Frequency
Valid Percent
Valid Be a benefit 139 39.0%
Be a detriment 174 48.9%
Make no difference 28 7.9%
No opinion 15 4.2%
Total 356 100%
Missing 0
Total 356


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

[Responses not compiled.]
31. How would you best describe the nature of your current involvement with bankruptcy matters?
Frequency
Valid Percent
Valid Accountant 11 3.1%
Lawyer 323 91.0%
Trustee 16 4.5%
Turnaround consultant 1 0.3%
Other 4 1.1%
Total 355 100%
Missing 1
Total 356


32. How many years have you spent working on bankruptcy matters

Frequency
Valid Percent
Valid 0 to 5 9 2.5%
5 to 10 58 16.3%
11 to 14 90 25.4%
15 or more 198 55.8%
Total 355 100%
Missing 1
Total 356


33. Approximately what percent of your current bankruptcy involvement is acting on behalf of each of the following categories?

Mean Percent
Valid Secured creditors 32.067%
Unsecured creditors 16.480%
Debtors 35.792%
Trustees 21.513%
Official committees 12.607%
Governmental entities 5.170%
Equity holders 3.434%
Bond holders 1.842%
Indenture trustees 1.472%


34. Approximately what percent of your bankruptcy involvement deals with each of the following categories?

Mean Percent
Valid Individual Chapter 7 18.148%
Business Chapter 7 13.720%
Individual Chapter 11 9.631%
Business Chapter 11 45.242%
Individual Chapter 13 12.919%
Business Chapter 13 6.149%
Chapter 9 0.500%
Chapter 12 3.311%
Out-of-court 15.134%


35a. How many preference claims have you been involved in prosecuting (whether or not suit was actually brought)?

Frequency
Valid Percent
Valid None 33 9.3%
1 to 5 40 11.2%
6 to 10 42 11.8%
11 to 14 16 4.5%
15 or more 225 63.2%
Total 356 100%
Missing 0
Total 356
b. How many preference lawsuits have you been involved in prosecuting (whether or not the suit proceeded to judgment)?
Frequency
Valid Percent
Valid None 43 12.1%
1 to 5 60 16.9%
6 to 10 42 11.8%
11 to 14 15 4.2%
15 or more 196 55.1%
Total 356 100%
Missing 0
Total 356
c. How many preference claims have you been involved in defending (whether or not suit was actually brought)?
Frequency
Valid Percent
Valid None 12 3.4%
1 to 5 55 15.4%
6 to 10 62 17.4%
11 to 14 30 8.4%
15 or more 197 55.3%
Total 356 100%
Missing 0
Total 356
d. How many preference lawsuits have you been involved in defending (whether or not the suit proceeded to judgment)?
Frequency
Valid Percent
Valid None 18 5.1%
1 to 5 69 19.5%
6 to 10 73 20.7%
11 to 14 25 7.1%
15 or more 168 47.6%
Total 353 100%
Missing 3
Total 356


36. In what state or states are you currently involved with bankruptcy matters?

State
Count
Percent of Responses
Percent of Cases
Alabama
8
0.8%
2.3%
Alaska
3
0.3%
0.8%
Arizona
20
1.9%
5.6%
Arkansas
5
0.5%
1.4%
California
65
6.1%
18.4%
Colorado
8
0.8%
2.3%
Connecticut
7
0.7%
2.0%
Delaware
29
2.7%
8.2%
D. Columbia
7
0.7%
2.0%
Florida
41
3.9%
11.6%
Georgia
12
1.1%
3.4%
Hawaii
2
0.2%
0.6%
Idaho
3
0.3%
0.8%
Illinois
28
2.6%
7.9%
Indiana
14
1.3%
4.0%
Iowa
4
0.4%
1.1%
Kansas
5
0.5%
1.4%
Kentucky
8
0.8%
2.3%
Louisiana
12
1.1%
3.4%
Maine
6
0.6%
1.7%
Maryland
11
1.0%
3.1%
Massachusetts
17
1.6%
4.8%
Michigan
13
1.2%
3.7%
Minnesota
7
0.7%
2.0%
Mississippi
2
0.2%
0.6%
Missouri
11
1.0%
3.1%
Montana
0
0.0%
0.0%
Nebraska
3
0.3%
0.8%
Nevada
13
1.2%
3.7%
New Hampshire
8
0.8%
2.3%
New Jersey
24
2.3%
6.8%
New Mexico
8
0.8%
2.3%
New York
48
4.5%
13.6%
N. Carolina
14
1.3%
4.0%
N. Dakota
0
0.0%
0.0%
Ohio
17
1.6%
4.8%
Oklahoma
5
0.5%
1.4%
Oregon
14
1.3%
4.0%
Pennsylvania
19
1.8%
5.4%
Puerto Rico
2
0.2%
0.6%
Rhode Island
1
0.1%
0.3%
S. Carolina
7
0.7%
2.0%
S. Dakota
0
0.0%
0.0%
Tennessee
13
1.2%
3.7%
Texas
46
4.3%
13.0%
Utah
4
0.4%
1.1%
Vermont
3
0.3%
0.8%
Virginia
11
1.0%
3.1%
Washington
20
1.9%
5.6%
W. Virginia
3
0.3%
0.8%
Wisconsin
6
0.6%
1.7%
Wyoming
1
0.1%
0.3%
Virgin Islands
0
0.0%
0.0%
Valid Cases
354
Missing Cases
2
Total
356


37. What is the principal federal district in which you handle bankruptcy matters?

District
Frequency
Percent
Alabama ND
5
1.4%
Alabama SD
1
0.3%
Alaska
3
0.8%
Arizona
5
1.4%
Arkansas ED
4
1.1%
California ND
6
1.7%
California CD
28
7.9%
California ED
6
1.7%
California SD
6
1.7%
Colorado
5
1.4%
Connecticut
2
0.6%
Delaware
4
1.1%
D. Columbia
2
0.6%
Florida ND
3
0.8%
Florida MD
15
4.2%
Florida SD
7
2.0%
Georgia ND
3
0.8%
Hawaii
1
0.3%
Idaho
2
0.6%
Illinois ND
16
4.5%
Illinois CD
2
0.6%
Illinois SD
1
0.3%
Indiana ND
4
1.1%
Indiana SD
7
2.0%
Kansas
3
0.8%
Kentucky WD
4
1.1%
Louisiana ED
1
0.3%
Louisiana MD
2
0.6%
Louisiana WD
1
0.3%
Maine
5
1.4%
Maryland
6
1.7%
Massachusetts
14
3.9%
Michigan ED
5
1.4%
Michigan WD
3
0.8%
Minnesota
5
1.4%
Mississippi SD
1
0.3%
Missouri ED
7
2.0%
Nebraska
3
0.8%
Nevada
3
0.8%
New Hampshire
3
0.8%
New Jersey
9
2.5%
New Mexico
4
1.1%
New York ND
1
0.3%
New York SD
14
3.9%
New York ED
9
2.5%
New York WD
1
0.3%
N. Carolina ED
5
1.4%
N. Carolina MD
3
0.8%
N. Carolina WD
3
0.8%
Ohio ND
8
2.2%
Ohio SD
2
0.6%
Oklahoma ND
1
0.3%
Oregon
10
2.8%
Pennsylvania ED
5
1.4%
Pennsylvania MD
1
0.3%
Pennsylvania WD
4
1.1%
S. Carolina
3
0.8%
Tennessee ED
3
0.8%
Tennessee MD
3
0.8%
Tennessee WD
2
0.6%
Texas ND
12
3.4%
Texas SD
10
2.8%
Texas ED
1
0.3%
Texas WD
9
2.5%
Utah
1
0.3%
Virginia ED
3
0.8%
Virginia WD
1
0.3%
Washington ED
2
0.6%
Washington WD
8
2.2%
W. Virginia SD
2
0.6%
Wisconsin ED
1
0.3%
Wisconsin WD
2
0.6%
Total Valid
347
98%
Total Missing
7
2%
Total
354
100%

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