Preferences Flashcards

1
Q

Enhancement of the Estate in Bankruptcy

A

Action: Trustee can claw back assets or their value from the recipient.
Result: enhances the bankrupt estate, making more assets available for division among creditors.

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2
Q

Trustee’s Impeachment Powers

A

Preference (FPA or BIA),
Fraudulent Conveyance (FCA or FPA), Transfer at Undervalue (BIA),
PostInitiation Transfer (BIA),
Distribution to a Shareholder (BIA).

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3
Q

Provincial Time Periods

A

Time period runs forward from date of impeachable transaction

FCA

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4
Q

BIA Time Periods

A

Federal Provisions: Primarily backwardlooking.
Anchor: Date of the initial bankruptcy event

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5
Q

Fraudulent Conveyance

A

Involves a transfer of property hindering or delaying creditors’ efforts, often with the intention of returning the property to the debtor.

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6
Q

Preference

A

Selective transfer of property to a creditor, creating an unfair advantage and undermining the distribution scheme under bankruptcy law.

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