Preference Payment Clawback
A bankruptcy trustee's power under Section 547 to recover payments the debtor made to a creditor within 90 days before filing, or one year for insiders, that allowed that creditor to receive more than it would have in a Chapter 7 liquidation.
Preference law targets the fairness problem created when a struggling debtor pays some creditors shortly before filing bankruptcy while others go unpaid. To recover a payment as preferential, a trustee must generally show it was made to or for the benefit of a creditor, on account of an antecedent debt, while the debtor was insolvent, within the applicable lookback period, and that it let the creditor receive more than it would have received in the hypothetical Chapter 7 distribution. Insolvency is presumed during the 90-day period immediately preceding filing.
Several defenses can defeat an otherwise-qualifying preference claim. The ordinary course of business defense protects payments made and received according to normal business terms between the parties or consistent with industry norms. The contemporaneous exchange for new value defense protects payments intended as, and that were in fact, a substantially contemporaneous exchange for new value given to the debtor. The subsequent new value defense credits a creditor for new value it extended to the debtor after receiving an otherwise-preferential payment.
Because preference exposure depends heavily on exactly when a payment falls relative to the 90-day or one-year lookback boundary, and on whether the payment pattern with a given creditor looks ordinary or anomalous, Juricratic models it as a lookback-window dial, letting a user test how sensitive the total clawback exposure is to small shifts in the filing date or the payment timeline.
How it actually shows up
A trustee reconstructing a debtor's pre-petition payment history sorts transfers by recipient and date against the 90-day and one-year windows to identify preference targets, while creditors who received payments in that window gather ordinary-course documentation — historical invoice-to-payment timing, industry payment norms — early, since that evidence is central to the most commonly successful defense.
- How far back can a trustee reach to recover a preferential payment?
- Generally 90 days before the bankruptcy filing for ordinary creditors, and one year before filing for insiders such as officers, directors, or affiliates.
- What is the most common defense to a preference claim?
- The ordinary course of business defense, which protects payments consistent with the parties' historical dealings or standard industry terms.
- Does a creditor have to have acted improperly to face a preference claim?
- No. Preference recovery does not require any wrongdoing by the creditor; it is a strict framework focused on the timing and effect of the payment relative to other creditors.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
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