Preferences
Identification, demand, and litigation of preferential transfers. Proprietary analysis pairs with senior bankruptcy counsel at every stage.
CONTINGENCY PRACTICE / 11 U.S.C. §§ 547–550 · INSURANCE BAD FAITH · FIDUCIARY LITIGATION
01 Contingency Litigation Recovery active
We reinvented preference recovery.
Bankruptcy Recovery Group prosecutes preferences, fraudulent transfers, Chapter 5 avoidance actions, insurance bad faith, and other fiduciary claims — all on a contingency basis — and produces a better return for the estates and fiduciaries we serve.
↓ Scroll · 09 sections · All on contingency
PREFERENCES FRAUDULENT TRANSFERS RECOVERY ACTIONS FIDUCIARY CLAIMS
02 Origin
Built to fix what conventional avoidance recovery gets wrong.
We founded Bankruptcy Recovery Group because, in our collective experience, avoidance recovery had become inefficient — pursued too late and through a formulaic approach. We built the holistic, individuated alternative.
Read our full history-
§ I
Holistic
Each portfolio analyzed individually, not formulaically — strategy precedes any demand.
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§ II
Early
Engaging avoidance counsel early in Chapter 11 informs plan negotiation and sale processes.
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§ III
Senior
Experienced bankruptcy counsel on every claim — no juniorization, no handoff at the courthouse door.
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§ IV
Expanded
Same contingency model now extends to insurance bad faith and other fiduciary claims.
03 Practice
Recovery work,
prosecuted with purpose.
We treat each portfolio — Chapter 5 avoidance, insurance bad faith, or fiduciary claims — with the strategy and senior attention it deserves. All work is taken on a contingency basis.
Fraudulent transfers
Both actual and constructive fraud — under § 548 and applicable state law via § 544(b). Strategy informs settlement leverage from day one.
Recovery actions
Post-petition transfers and recovery from initial and subsequent transferees. Holistic claims tracing for maximum estate recovery.
Bad faith & fiduciary claims
Insurance bad faith and other fiduciary claims — common law and statutory. Same contingency-fee structure, same senior-counsel attention.
04 Outcomes
Measurable results on prosecuted portfolios.
Sourced from BRG attorney commentary published 2026 Q1.
60¢+
on the dollar
Average preference recovery on prosecuted portfolios.
Source — Insights, 12 Jan. 2026
40–50%
higher recoveries
Early-evaluation portfolios versus deferred review.
Source — Insights, 5 Jan. 2026
$100M+
recovered
BRG attorneys recently recovered over $100 million for a trustee on account of a bad faith insurance claim.
Disclosure: figures reflect representative portfolios; outcomes vary with case facts, jurisdiction, and evidentiary posture. Past results do not guarantee future outcomes.
05 Method
Analyze.
Demand.
Mediate.
Litigate.
Every claim, regardless of size, receives individualized strategy and senior attention — from the analytic phase through final resolution.
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01
Phase
Claim analysis
Proprietary tooling and senior counsel scope the claim population — avoidance, insurance, or fiduciary — and the settlement posture before a single demand goes out.
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02
Phase
Demand and settlement package
Each demand carries a draft complaint and proposed settlement agreement. The package signals resolve and opens a clear path to resolution.
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03
Phase
Pre-litigation mediation
We seek entry of a procedures order requiring mediation. Time-efficient, cost-effective resolution — without the delays of active litigation.
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04
Phase
Adversary litigation
When required, we litigate. Same senior counsel from phase 01 — no handoff, no diluted strategy, no unfamiliar faces in the courtroom.
06 Team
Senior bankruptcy counsel,
every step of the way.
07 Insights
From the practice.
08 Resource
A Trustee's Guide to
Maximizing Preference Recoveries.
A practitioner's white paper on the systems we use to produce maximum recovery on Chapter 5 portfolios — from initial review through procedures motions and mediation. Covers the SOFA trap, demand-letter targeting, principled negotiation, batched complaint filings, and the contingency-fee math.
- Author
- Garrett H. Nye
- Length
- 12 pages · PDF
- Audience
- Trustees · Committees · Fiduciaries
Download the Guide
Free · No registration
09 Engage
Have a recovery portfolio?
Let us make you a proposal.
We work with trustees, committees, debtor counsel, and other fiduciaries across the country — on Chapter 5 avoidance, insurance bad faith, and fiduciary claims, all on a contingency basis. Tell us about your matter and we will respond within one business day.