Preferences Flashcards
Enhancement of the Estate in Bankruptcy
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.
Trustee’s Impeachment Powers
Preference (FPA or BIA),
Fraudulent Conveyance (FCA or FPA), Transfer at Undervalue (BIA),
PostInitiation Transfer (BIA),
Distribution to a Shareholder (BIA).
Provincial Time Periods
Time period runs forward from date of impeachable transaction
FCA
BIA Time Periods
Federal Provisions: Primarily backwardlooking.
Anchor: Date of the initial bankruptcy event
Fraudulent Conveyance
Involves a transfer of property hindering or delaying creditors’ efforts, often with the intention of returning the property to the debtor.
Preference
Selective transfer of property to a creditor, creating an unfair advantage and undermining the distribution scheme under bankruptcy law.