Analyse bank statements for possible preference and fraudulent-transfer payments
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the statements the lawyer supplies, list each payment by date, payee, and amount, and mark those within 90 days before the petition date in the file and those within 2 years before that date. Do not plead that a payment can be avoided.
- What the lawyer must review
- 11 U.S.C. § 547(b) lets the trustee, based on reasonable due diligence and taking into account a party’s known or reasonably knowable affirmative defenses under subsection (c), avoid a transfer of an interest of the debtor in property that was to or for the benefit of a creditor, for or on account of an antecedent debt, made while the debtor was insolvent, on or within 90 days before the petition or, if the creditor was an insider, between 90 days and one year before the petition, and that enables the creditor to receive more than that creditor would receive if the case were a chapter 7 case, the transfer had not been made, and the creditor received payment to the extent the Code provides. Section 547(f) presumes insolvency during the 90 days before the petition. Section 547(c)(2) excepts an ordinary-course payment. The current text of (c)(2) does not contain a 45-day limit. Section 548(a)(1) lets the trustee avoid a transfer made or an obligation incurred on or within 2 years before the petition if the debtor acted with actual intent to hinder, delay, or defraud, or received less than a reasonably equivalent value and one of the conditions in (a)(1)(B)(ii) is met. The lawyer decides which payments to pursue. Formal Opinion 512: bank data stay in a confidential tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.