antecedent debt in bankruptcy

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967 documents for antecedent debt in bankruptcy

- Hall v. United States, 566 U.S. (2012)
...-Decided May 14, 2012 Chapter 12 of the Bankruptcy Code allows farmer debtors with regularannual inco... scheme was in turnpremised on antecedent, decades-old understandingsabout the scope of §50...
- U.S. Supreme Court
- Judicial independence, autonomy, and the bankruptcy courts.
... debates, however, is the necessarily antecedent question: how much power can we grant to bankruptc... of a trustee to take charge of the debtor's assets and initiating creditors' meetings. Refer...
- Stanford Law Review
- Vol. 62 Nbr. 3, March 2010
- Midwest Holding #7, LLC v. Paul H. Anderson, Jr., (11th Cir. 2009)
...IN RE: TANNER FAMILY, LLC,. Debtor. MIDWEST HOLDING #7, LLC,. ... of the district court affirming the bankruptcy court's denial of its motion for summary judgment ... Midwest was "for or on account of an antecedent debt" and thus avoidable as a preferential transfe...
- Federal Circuits

- Fighting Bankruptcy Claims
One of my customers just filed for bankruptcy. The bankruptcy trustee is demanding I return all payments received from that customer during the 90-day period prior to the bankruptcy filing as "preferential transfers." What does this mean and what are my options? Section 547 of the U.S. Bankruptcy Code authorizes a trustee to avoid and recover any payments: (i) made by a bankruptcy debtor on account of an antecedent debt, (ii) while the debtor was insolvent, (iii) during the 90-day period preceding the bankruptcy filing (but if the payment recipient is an "insider" of the debtor, this period is extended to one year), and (iv) that enabled the creditor to receive more than it would have in a hypothetical liquidation of the debtor's assets. This section of the code also provides some av...
- The Record, Bergen County, NJ
- June 09, 2010
- Lee v. Shapiro, (6th Cir. 2008)
... In re: DAVID SCOTT LEE. Debtor. ... before he filed a voluntary Chapter 7 bankruptcy petition, David Scott Lee ("Lee" or "Debtor") refi... (2) for or on account of an antecedent debt owed by the debtor be...
- Federal Circuits
- Central Virginia Community College Et Al. v. Katz, Liquidating Supervisor For Wallace'S Bookstores, Inc., 546 U. S. (2006)
...The Bankruptcy Clause, Art. I, §8, cl. 4, empowers Congress to e... et seq ., to proceedings initiated by a debtor against a state agency to determine the dischargea... creditor; "(2) for or on account of an antecedent debt owed by the debtor before such transfer was m...
- U.S. Supreme Court
- Dealing With Companies In Financial Distress (Part 2).
... is executory and can be rejected in bankruptcy the role of state law can be key. In the case of I... rejects an executory contract of the debtor for the sale of real property under which the purc... in satisfaction of such creditor's antecedent debt. Such transfers are termed "preferences." See...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- in the Matter of Southmark Corporation, Debtor. Southmark Corporation, Plaintiff-Appellant, v. D. Vinson Marley, Defendant-Appellee., 62 F.3d 104 (5th Cir. 1995)
... under Sections 547 and 548 of the Bankruptcy Code. The bankruptcy court denied recovery after a... because it was not on account of an antecedent debt. Southmark contests the court's three rulings...
- Federal Circuits
- Rogers v. Koch, (4th Cir. 1998)
...In Re: RUTH D. BROUMAS,. Debtors. JAMES P. KOCH, Trustee,. Plaintiff-Appellee,. No.... sitting as an appellate court in bankruptcy. For reasons that follow, we affirm in part and re... of a creditor for or on account of an antecedent debt. See U.S.C. § 547(b)(1) & (2). In contrast, ...
- Federal Circuits
- in Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee, Plaintiff-Appellee, v. Theodore P. Bozek, Defendant-Appellant., 836 F.2d 1214 (9th Cir. 1988)
... a district court's order affirming a bankruptcy court's grant of summary judgment in favor of the ... recover property for the benefit of the debtor's estate if there (1) was a transfer; (2) of prope... creditor; (4) for or on account of an antecedent debt; (5) made while the debtor was insolvent; (6)...
- Federal Circuits