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LSDefine

Simple English definitions for legal terms

surrender of a preference

Read a random definition: ejectione firmae

A quick definition of surrender of a preference:

Surrender of a preference: When someone owes money and they give something valuable to a creditor to pay off the debt, but the court later decides that this was not fair to other creditors, the creditor may have to give back what they received. This is called surrendering a preference. The creditor gives back what they received so that the trustee can distribute the money or property fairly among all the creditors.

A more thorough explanation:

Definition: Surrender of a preference is a term used in bankruptcy law. It refers to the act of a creditor giving up a transfer, assignment, encumbrance, or conveyance that is considered voidable. This is done as a condition for the creditor to be allowed to make a claim in the bankruptcy proceedings.

Example: Let's say a debtor owes money to two creditors, A and B. The debtor transfers a valuable asset to creditor A, which is considered a preference because it gives A an advantage over B. If the debtor files for bankruptcy, the trustee can demand that creditor A surrenders the asset to the bankruptcy estate. This is done to ensure that all creditors are treated equally and that no one receives preferential treatment.

Another example: A company owes money to several suppliers. One of the suppliers, who is also a shareholder in the company, receives a payment that is considered a preference because it was made shortly before the company filed for bankruptcy. The trustee can demand that the supplier surrenders the payment to the bankruptcy estate so that it can be distributed among all the creditors.

The examples illustrate how the surrender of a preference works in practice. It is a way to prevent creditors from receiving preferential treatment and to ensure that all creditors are treated equally in a bankruptcy proceeding.

surrender of a criminal | surrender of charter

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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
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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