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John's Brother, Phil, Loaned Him $10,000 to Start His Business

Question 42

Multiple Choice

John's brother, Phil, loaned him $10,000 to start his business. John didn't do too well and planned to file for bankruptcy. In May, he gave Phil his car worth $8,000 to satisfy the debt. John filed his petition in November. After liquidation, if the car were included in his assets, every unsecured debtor would have received 85% of the debt owing to him. Will this be a voidable preference?


A) Yes, since Phil is an insider.
B) No, because the transfer was made more than 90 days prior to filing.
C) Yes, because the transfer was made within the prior year.
D) No, because Phil did not receive preferential treatment over other creditors.

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