The Concept of a Voidable Preference in Bankruptcy
Countryman, Vern
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Citations by decade
Courts citing this journal article
Most recently cited by6
- 2019Lefoldt v. Baker Hughes Oilfield Operations, LLC Bankr. E.D. La.
- 2017Tenderloin Health v. Bank of the West 9th Cir.
- 2014Wiscovitch-Rentas v. PDCM Associates, S.E. (PMC Marketing Corp.) B.A.P. 1st Cir.
- 2011Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.) 8th Cir.
- 2004Covington v. Airborne Express, Inc., Unpublished Decision (12-21-2004) Ohio Ct. App.
- 1999Dwight Lindquist v. Marjorie Dorholt 8th Cir. BAP
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
A bankruptcy trustee is armed by statute with a number of powers to avoid prebankruptcy transfers made by the now bankrupt debtor. Probably none of these powers is of more concern to prebankruptcy transferees than the trustee's power to avoid preferential transfers. This Article examines the content of and the reasons for the concept of a preferential transfer as it has evolved over the centuries.We inherited the notion of the preferential transfer from Eng-land; but, as elsewhere, we frequently have concluded that we could improve on the English model. Substantial differences exist,therefore, between the English law of voidable preferences and the American approach.
Taking a brief look at English antecedents will contribute to an understanding of our own concept.