Bankruptcy Blog
August 23, 2021
Are Critical Vendor Payments Protected from Recovery by a Chapter 7 Trustee? Maybe Not.
To recover a claim under section 547, a Chapter 7 trustee must prove a transfer was made to or for the benefit of a creditor; on account of an antecedent debt; while the debtor was insolvent; within 90 days before the filing of the bankruptcy petition (or between 90 days and one year for transfers to insiders of the debtor; and the creditor would receive more than if the case were a chapter 7 liquidation.