In Re Iowa Premium Service Co.: When Is a Debt Incurred under 547(c)(2) of the Bankruptcy Code
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Authors
Anderson, Terry M.
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Bankruptcy Reform Act of 1978 (The Bankruptcy Code) made substantial changes in the rules governing preferential transfers. The Bankruptcy Code collects in one section provisions which not only define preferential transfer but also exempt from the trustee's power to avoid certain transfers that would otherwise be preferential. This is a central departure from prior law which required extensive resort to judicial interpretation to determine whether a transfer was preferential under section 60(a) and thus avoidable under section 60(b). The new Bankruptcy Code seems to be drafted with a view towards limiting this resort to judicial interpretation. It does this in two ways...
Description
Citation
17 Creighton L. Rev. 1075 (1983-1984)
Publisher
Creighton University School of Law