Section 6.2 Preferences—11 U.S.C. § 547

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

II. (§6.2) Preferences—11 U.S.C. § 547

Tracking the language of 11 U.S.C. § 547(b), courts often recognize five elements to a preference. A transfer of an interest of the debtor in property must have:

been to or for the benefit of a creditor; been for or on account of an antecedent debt owed by the debtor before the transfer was made; been made while the debtor was insolvent; been made within 90 days before bankruptcy or, in the case of an insider, within 1 year before bankruptcy; and enabled the creditor...