Author Question: Distinguish voidable preferences from fraudulent transfers. Describe some of the ways the trustee ... (Read 44 times)

dejastew · **on:** Aug 3, 2018

Distinguish voidable preferences from fraudulent transfers. Describe some of the ways the trustee makes the determination whether a transfer the debtor made was fraudulent or if the debtor is culpable for preferring one creditor over another. Use examples to illustrate your points. Why are these types of transfers voidable?

What will be an ideal response?

Question 2

A(n) ________ occurs when the debtor transfers assets to a creditor prior to filing for bankruptcy.

Fill in the blank(s) with correct word

aadams68 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The student should discuss voidable preferences in the context of the debtor paying one creditor (favoring) over another and give examples. Student should discuss fraudulent conveyances in the context of suspicious transfers of property by the debtor a year or two (depending on whether actual fraud or constructive fraud is evident) prior to filing bankruptcy. Student should discuss the inequity suffered by creditors if these types of transfers are allowed. The Bankruptcy Code seeks fair treatment of creditors and debtors alike.

Answer to Question 2

voidable preference