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Debtor files for bankruptcy on March 1, 2022. The bankruptcy trustee will find the following things. Tell me if each of these are examples of
Debtor files for bankruptcy on March 1, 2022. The bankruptcy trustee will find the following things. Tell me if each of these are examples of a preferential treatment or not, and then provide a full explanation for your decision. Each one is worth 10 points - 3 for stating it is or is not a preferential treatment and 7 for a full explanation for your decision. (Total of 50 points for this section)
- Debtor and First Bank entered into a loan agreement on February 1, 2021. The loan was for $100,000 at 5% interest. This was an unsecured loan. The loan was to be paid back on January 31, 2022, in full ($105,000). The debtor sent a partial payment of $25,000 to First Bank on September 30, 2021, and another partial payment of $25,000 on December 31, 2021. Are these preferential payments? Why or why not? You must provide a complete explanation.
- Same as above, except the president of the bank is the sister of the debtor. Are these preferential payments? Why or why not? You must provide a complete explanation.
- Same as above except the loan was to be paid back in one year with monthly payments of $8750. (You may assume this is the correct amount to be paid each month on this loan). The debtor made payment every month starting with March 1, 2021, and ending on February 1, 2022. Are any of these preferential payments? Why or why not, need a full explanation.
- On February 15, 2022, Creditor financed the purchase of inventory for the debtor in the amount of $50,000. There was a proper security agreement and financing statement completed by the debtor. The inventory was delivered to the debtor on February 27, 2022. The financing statement was file by the creditor in the proper place on March 15, 2022. Is this a preferential treatment so that the Trustee has priority in that inventory? Why or why not? Need a full explanation.
- On February 25, 2022, Creditor financed the purchase of a piece of equipment for the debtor in the amount of $100,000. All the proper documents were created and signed by the debtor. The equipment was delivered to the debtor on February 26, 2022. The creditor filed the financing statement at the proper place on March 15, 2022. Is this a preferential treatment so that the Trustee will have priority in the equipment? Why or why not? Must have a complete explanation.
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