Tag Archives: PREFERENTIAL

What is the Rule on Preferential Transfers

As you consider filing bankruptcy, have you heard that there is a 90 day rule on payments made to creditors? There's often confusion of when the rule applies and when it doesn't. First understand that the 90 day rule applies … Continue reading

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RETURN OF PREFERENTIAL PAYMENT ARISING FROM FRAUD SETTLEMENT DOES NOT REVIVE CREDITORS NONDISCHARGEA

In Busseto Foods, Inc. v. Charles Laizure (In re Laizure), No. 06-1112 (9th Cir. B.A.P., September 1, 2006), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that where a creditor receives a settlement payment on a… … Continue reading

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