BANKRUPTCY - RECOVERY OF PREFERENCES - REQUIREMENT THAT DEFENDANT BE PAID A GREATER PERCENTAGE OF HIS CLAIM THAN OTHER CREDITORS

Authors

Abstract

In a suit by the trustee in bankruptcy to recover as preferences part payments to defendant within four months of bankruptcy, the trial court refused to rule that the trustee had the burden of proving that each payment had the effect of giving to the defendant a greater percentage of his claim than other creditors would have received if the estate had been liquidated at that time. Held, the court's refusal was proper. Palmer Clay Products Co. v. Brown, 297 U.S. 227, 56 S. Ct. 450 (1936).

Recommended Citation

BANKRUPTCY - RECOVERY OF PREFERENCES - REQUIREMENT THAT DEFENDANT BE PAID A GREATER PERCENTAGE OF HIS CLAIM THAN OTHER CREDITORS, 34 Mich. L. Rev. 1225 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss8/14