Chapter 7 Bankruptcy Proceedings Flashcards
Exemptions allowed under Federal Bankruptcy Code include
Some equity in motor vehicle/books tools of ones trade
Various sources of income (Unemployment compensation)
A trustee in bankruptcy
has the power to employ court approved professionals (accountants, attorneys) to handle estate matters that require expertise
Professionals in a bankruptcy case
has the right to be reimbursed for their services
Preferential transfers
are payments made to a creditor for more than they would receive under Chapter 7 liquidation proceeding for the antecedent debt.
Exceptions to Preferential transfers are
payments made in the ordinary course of business
A trustee may
set aside preferential transfers made to a creditor within 90 prior to filing the petition
Determine if the debtor was insolvent when the transfer was made
An exception to the trustee’s power to avoid preferential transfer is
contemporaneous exchange (put one creditor in better position than other creditors)
If a Preferential transfer was made to an insider (officer, director, controlling stockholder)
The 90 days limit is extended to 1 year.