Mindy liked to spend and had a large amount of consumer debt for items such as jewelry, clothing, a personal watercraft, and a new car. Mindy was having problems making her credit card payments as they became due. She, however, wanted to make every effort to pay her debts. On September 1st she repaid a loan to Friendly Jewelry Store because she wanted to remain on good terms with the manager. Unfortunately, Mindy was simply unable to continue making payments; and on November 1st of that same year, she filed a voluntary petition for bankruptcy relief under Chapter 7. A number of her creditors complained because Friendly Jewelry Store received more from the early payment by Mindy than would have been received in bankruptcy proceedings. Which of the following is the most likely result of a claim of preferential payment based on the payment to the jewelry store?
A) The payment was not preferential because it was for a consumer good and was not made within 30 days of the filing of the bankruptcy petition.
B) The payment was preferential on the basis that it was made within 90 days of the filing of the bankruptcy petition.
C) The payment was preferential on the basis that it was made within 90 days of the filing of the bankruptcy petition only if the trustee is able to establish Mindy's insolvency at the time.
D) Because it was for a consumer good, the payment was not preferential unless the bankruptcy trustee can prove intent to defraud.
E) The payment was preferential because it was made within two years of the filing of the bankruptcy petition.
Correct Answer:
Verified
Q61: Set forth the first four classes of
Q83: Set forth the steps that a creditor
Q86: What rights,if any,does a creditor who does
Q92: Reference - Repossession. Tina sold used vehicles.
Q93: Reference - Claims to Funds. Paul had
Q95: Reference - Overextended Debtor. Dennis purchased a
Q96: Reference - Overextended Debtor. Dennis purchased a
Q98: Reference - Claims to Funds. Paul had
Q99: Which of the following is false regarding
Q100: Reference - Claims to Funds. Paul had
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents