tag:blogger.com,1999:blog-8067064445534579965.post4147928662856804059..comments2007-07-23T16:21:58.074-07:00Comments on Bankruptcy Beach: Counterclaims in Avoidance Actions? Are We Sure W...Dean T. Kirby, Jr.noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8067064445534579965.post-53366400937022028102007-07-23T16:18:00.000-07:002007-07-23T16:18:00.000-07:00Maybe the not so complicated (but strained logic) ...Maybe the not so complicated (but strained logic) answer is that the preference action is a pure bankruptcy cause of action. The trustee didn't step into the shoes of this action; it came about because of the bankruptcy. In other words, there is no real equivalent type of action outside Title 11. The creditor, on the other hand, is pursuing a claim which had to have accrued prior to the filingAnonymousnoreply@blogger.com