Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Preferential Transfers in Bankruptcy

15

Flashcards

0/15

Still learning
StarStarStarStar

Intentionality of transfer

StarStarStarStar

Preferential transfers do not require an intent to defraud; the effect of the transfer itself matters.

StarStarStarStar

Floating Liens and Preferential Transfers

StarStarStarStar

Floating liens (like a floating charge) can complicate the determination of what constitutes a preferential transfer.

StarStarStarStar

Impact on unsecured creditors

StarStarStarStar

Preferential payments to one unsecured creditor can unfairly disadvantage others by diminishing the debtor's estate.

StarStarStarStar

The impact on reorganization plans

StarStarStarStar

Recovery of preferential payments can affect the feasibility and structure of the debtor's reorganization plan in Chapter 11 cases.

StarStarStarStar

Exceptions to preferential transfers

StarStarStarStar

Certain payments, like those made in the ordinary course of business, may not be considered preferential.

StarStarStarStar

Clawback Principle

StarStarStarStar

The ability of a bankruptcy trustee to recover preferential transfers made to creditors and redistribute them equitably.

StarStarStarStar

The role of secured creditors

StarStarStarStar

Secured creditors are less likely to be involved in preferential transfers due to the nature of their secured interests.

StarStarStarStar

Look-Back Period

StarStarStarStar

The period prior to bankruptcy filing during which preferential transfers are scrutinized, typically 90 days for ordinary creditors and one year for insiders.

StarStarStarStar

Insider status

StarStarStarStar

A transfer made to an insider (such as a relative or business associate) can be subject to increased scrutiny.

StarStarStarStar

Definition of a Preferential Transfer

StarStarStarStar

A transfer made to a creditor before bankruptcy that gives the creditor more than they would receive in the debtor's bankruptcy case.

StarStarStarStar

Bankruptcy Trustee's powers

StarStarStarStar

The trustee has the authority to challenge and void preferential transfers during the bankruptcy process.

StarStarStarStar

Defenses against preferential transfer claims

StarStarStarStar

Creditors can invoke certain defenses, like subsequent new value and ordinary course of business, to counter preference claims.

StarStarStarStar

Subsequent new value defense

StarStarStarStar

A defense that allows a creditor to avoid a preference claim if they provided new value to the debtor after the alleged preferential transfer.

StarStarStarStar

Creditor position improvement

StarStarStarStar

A transfer that results in a creditor receiving more than they would under Chapter 7 liquidation rules.

StarStarStarStar

Amount exceeding 600600

StarStarStarStar

Transfers of more than 600toasinglecreditormaybedeemedpreferentialifotherconditionsaremet.600 to a single creditor may be deemed preferential if other conditions are met.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.