preference

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Preference

The act of an insolvent debtor who pays one or more creditors the full amount of their claims or a larger amount than they would be entitled to receive on a pro rata distribution.

For example, a debtor owes three creditors $5,000 each. All three are equally entitled to payment, but the debtor has only $12,000 in assets. Instead of paying each creditor $4,000, the debtor pays two creditors in full and pays the third creditor the remaining $2,000.

The Common Law does not condemn a preference. Some state statutes prescribe that certain transfers are void—of no legal force or binding effect—because of their preferential character. If a state antipreference provision protects any actual creditor of the debtor, the trustee in Bankruptcy can take advantage of it.

Bankruptcy law does condemn certain preferences. The bankruptcy trustee can void any transfer of property of the debtor if the trustee can establish the following:

  1. The transfer was "to or for the benefit of a creditor."
  2. The transfer was made for or on account of an "antecedent debt"—that is, a debt owed prior to the time of the transfer.
  3. The debtor was insolvent at the time of the transfer.
  4. The transfer was made within 90 days before the date of the filing of the bankruptcy petition or was made between 90 days and one year before the date of the filing of the petition to an insider who had reasonable cause to believe that the debtor was insolvent at the time of the transfer.
  5. The transfer has the effect of increasing the amount that the transferee would receive in a liquidation proceeding under chapter 7 of the bankruptcy law (11 U.S.C.A. § 701 et seq.). 11 U.S.C.A. § 547.

Other statutory provisions, however, create exceptions; if a transfer comes within an exception, the bankruptcy trustee cannot invalidate the transfer even though the aforementioned five elements exist.

preference

n. in bankruptcy, the payment of a debt to one creditor rather than dividing the assets equally among all those to whom he/she/it owes money, often by making a payment to a favored creditor just before filing a petition to be declared bankrupt. Such a preference is prohibited by law, and the favored creditor must pay the money to the bankruptcy trustee. However, the bankruptcy court may give secured creditors (with a judgment, lien, deed of trust, mortgage or collateralized loan) a legal preference over "general" creditors in distributing available funds or assets. (See: bankruptcy)

preference

noun bias, discretion, election, fancy, favorite, inclination, leaning, liking, partiality, preconceived liking, predilection, prejudice, proclivity, proneness, propensity, selection
Associated concepts: preferred risk

preference

(Priority), noun advancement, advantage, benefit, favored treatment, front position, praepositio, precedence, preeminence, preferment, preferred standing, seniority
Associated concepts: calendar preference, fraudulent conneyances, fraudulent preference, preferred stock, unlawful preference, voidable preference
Foreign phrases: Qui prior est tempore potior est jure.He who is first in time is first in right. Prior tempore potior jure. First in time, superior in right.
See also: advantage, bias, choice, conatus, decision, desire, discrimination, disposition, election, favor, favoritism, inclination, inequity, option, partiality, patronage, penchant, point of view, poll, position, precedence, preconception, predilection, predisposition, prejudice, prerogative, primary, priority, propensity, referendum, selection, volition, vote, will

PREFERENCE. The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their claim, to the exclusion of the rest. By preference is also meant the right which a creditor has acquired over others to be paid first out of the assets of his debtor, as, when a creditor has obtained a judgment against his debtor which binds the latter's land, he has a preference.
     2. Voluntary preferences are forbidden by the insolvent laws of some of the states, and are void, when made in a general assignment for the benefit of creditors. Vide Insolvent; Priority.

References in periodicals archive ?
The new value defense, contained in Section 547(c)(4), reduces a creditors preference exposure to the extent the creditor had replenished the debtor, by providing new goods or services, after receiving the preference.
This discussion shows that there are many questions that can be asked about preferences in AI.
Overall, despite these slight differences and similarities, the preferred learning environment was largely congruent with the actual learning environment, the largest difference being on the scale of Student Interaction and Collaboration where the actual learning environment mean exceeded student preferences by only 0.
At the time such an option is granted, the grant is not "on account of an antecedent debt," and therefore may not be considered a preference.
An equal preference scheme is more equitable than the present system; it gives a greater real satisfaction rate; and, in Newcastle, it has the added advantage of strengthening the neighbourhood school.
In decision making under uncertainty, the domain D of preferences is a set of functions from a (finite) set s (generally interpreted as "states of the world") to a set X (generally interpreted as "consequences").
While Arrow's theorem shows that no system is flawless, many capture voter preferences more effectively than plurality voting does.
They can provide classroom guidance aimed at helping students better understand their motivation and preferences in homework situations and small group or individual interventions for those students who require extra attention and support for homework accomplishment.
Prescreening potential alternatives is based on the client's objective constraints (for example, color blindness) and his or her preferences in career-related aspects (e.
This section introduces very basic concepts used in social choice theory: preferences, preference profiles, interpersonal conflict within a preference profile, and graphs of social welfare functions.
On July 20, 1995, the regents passed my resolution on a 14-to-10 vote to end preferences in admissions - there was one abstention.
The European Court of Justice in Luxembourg ruled in favor of a law passed by the German state of North-Rhine Westphalia that gave women a preference in public sector jobs.