Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

preference

Read a random definition: jus ecclesiasticum

A quick definition of preference:

Preference in law is a way for a trustee to get back money that a debtor paid to creditors before filing for bankruptcy. The trustee can only do this if the payments were made within a certain time period, usually 90 days, and meet other requirements. This is done to discourage creditors from demanding too much money from someone who can't pay, which could cause them to go bankrupt and hurt other creditors.

A more thorough explanation:

In law, preference refers to a tool used in bankruptcy called recapture. This allows a trustee to recover payments made by the debtor to creditors before the bankruptcy proceeding. The purpose of recapture is to prevent creditors from aggressively pursuing payments from insolvent debtors, which could lead to bankruptcy or harm other creditors' claims.

In order for a trustee to recapture preference payments, the payments must meet certain requirements:

  • The payments must have been made within a set period of time, usually 90 days for most creditors.
  • The payments must exceed what the creditor would receive in a Chapter 7 liquidation action.

For example, if a debtor owes money to two creditors and pays one of them $10,000 within 90 days of filing for bankruptcy, the trustee may be able to recapture that payment if it exceeds what the creditor would receive in a Chapter 7 liquidation. This means that the trustee could take back the $10,000 payment and distribute it among all the creditors equally.

Overall, preference is a bankruptcy tool that helps ensure fair treatment of creditors and prevent aggressive collection actions that could harm the debtor's financial situation.

Preemptive right | preferred dividend

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.