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Preferences and Fraudulent Transfers |
August 12, 2005
Preference actions under 11 U.S.C. § 547 and fraudulent transfer actions under 11 U.S.C. § 548 or § 544(b) are among the many tools available to a bankruptcy estate to set aside prepetition transactions. The two are often used together, and the same transfer may be subject to attack under both theories.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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