Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

subsequent-advance rule

Read a random definition: ancient serjeant

A quick definition of subsequent-advance rule:

Subsequent-Advance Rule: In bankruptcy, if a debtor gives money or property to a creditor before filing for bankruptcy, the bankruptcy trustee can take it back and distribute it to all creditors equally. However, if the creditor gave the debtor new money or property after receiving the preferential transfer, and the new money or property is not secured, and the creditor has not been paid back, then the trustee cannot take back the preferential transfer.

A more thorough explanation:

The subsequent-advance rule is a principle in bankruptcy law that allows a creditor to keep a preferential transfer made by the debtor if certain conditions are met.

According to the rule, a preferential transfer will not be avoided or rescinded by the debtor's bankruptcy trustee if:

  1. The creditor extended new value to the debtor after receiving the preferential transfer
  2. The new value is unsecured
  3. The new value remains unpaid after its transfer

For example, let's say a debtor owes money to a supplier and makes a payment to them shortly before filing for bankruptcy. The bankruptcy trustee may try to recover that payment as a preferential transfer. However, if the supplier later extends new credit to the debtor and that credit remains unpaid after the bankruptcy filing, the subsequent-advance rule would apply and the trustee would not be able to recover the earlier payment.

Another example could be a bank that has a security interest in a debtor's property. If the debtor makes a payment to the bank shortly before filing for bankruptcy, the trustee may try to recover that payment. However, if the bank later extends new credit to the debtor and that credit remains unpaid after the bankruptcy filing, the subsequent-advance rule would apply and the trustee would not be able to recover the earlier payment.

subsequent | subsequent creditor

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
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
LSD+ is ad-free, with DMs, discounts, case briefs & more.