The Concept of a Voidable Preference in Bankruptcy

Countryman, Vern

Journal: Vanderbilt Law Review

Volume: 38

First Page: 713

Year: 1985

Bluebook Citation: 38 VAND. L. REV. 713 (1985)

Author: Vern Countryman: all 36 publications


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Cited
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8th Cir.1
8th Cir. BAP1
9th Cir.1
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Bankr. E.D. La.1
Ohio Ct. App.1
Most recently cited by6
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  • 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  • 2004Covington v. Airborne Express, Inc., Unpublished Decision (12-21-2004) Ohio Ct.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

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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.

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