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The Net-Benefit Rule

Learn about the net-benefit rule that governs the amount of an avoidable preference in the context of inventory or accounts receivable securing a claim.

Transcript

In other lessons, we learned that the Bankruptcy Code generally empowers the trustee or debtor-in-possession to avoid and recover, for the estate, certain prebankruptcy transfers to creditors. These transfers are called preferences. If a transfer to a creditor satisfies the general elements of a preference, it's avoidable, except insofar as the creditor has a defense to avoidance. In this lesson, we'll talk about one very helpful and, indeed, sensible defense to preference avoidance. We'll...

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Lessons

1. Welcome to Bankruptcy
  • Welcome to Bankruptcy
2. Foundations of Bankruptcy
5. Chapter 7 Liquidation
  • Chapter 7 Panel Trustee
  • Distribution of Estate Property in Chapter 7
  • Discharge in Chapter 7
  • Personal-Property Collateral in Chapter 7
  • General Grounds to Dismiss a Chapter 7 Case
  • Introduction to the Means Test and Dismissals or Conversions for Abuse
6. Debt Adjustment in Chapter 13
  • Eligibility to File for Chapter 13
  • The Estate in Chapter 13
  • Introduction to the Chapter 13 Plan of Debt Adjustment
  • Terms Permitted in a Chapter 13 Plan
  • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
  • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
7. Preferences
  • Introduction to Preferences
  • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
  • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
  • The Net-Benefit Rule
  • Contemporaneous Exchanges for New Value
  • Transfers in the Ordinary Course of Business
  • Subsequent New Value