Request for Admissions in Preference Actions

Summary

This request for admissions (RFA) form is for use by a plaintiff that is seeking discovery in a preference action. This template includes practical guidance, drafting notes, and alternate and optional clauses. Section 547(b) of the Bankruptcy Code sets forth the required elements that a trustee or debtor-in-possession (or other party with standing to bring a preference action) must establish to recover a preferential payment. Section 550 of the Bankruptcy Code authorizes the trustee to avoid and recover the transferred property or its value from the transferee post-petition. Section 502(d) requires a court to disallow a creditor's claim if the estate is entitled to recover property from that creditor, including as a result of a voidable preference, and that creditor has failed to first transfer the property back to the estate. Requests for admission are used to establish admission of facts about which there is no real dispute. Fed. R. Civ. P. 36. These can be particularly helpful in ...