Preference Claims definition

Preference Claims means any and all claims of the Debtors’ estates that could be brought under section 547 of the Bankruptcy Code or in the alternative based upon the same underlying facts under section 548 of the Bankruptcy Code, and the right to recover on account of any such claim under section 550 of the Bankruptcy Code.

Preference Claims means and refer to all claims to recover a payment or property transferred on account of an antecedent debt, including without limitation claims under section 547 of the Bankruptcy Code, and claims under Utah Code Ann.

Preference Claims means those Causes of Action under § 547(b) of the BankruptcyCode.

Examples of Preference Claims in a sentence

• In addition, the Debtors believe that the Reorganized Debtors should be treated as retaining a portion of the Assigned Preference Claims and transferring directly to the Litigation Trust such Assigned Preference Claims and a portion of the Cash allocated to the Litigation Trust.

• The Litigation Trust will be established for the sole purpose of distributing any recoveries from the Non-Settling Defendant Claims and the Assigned Preference Claims, in accordance with Treasury Regulation section 301.7701-4(d) and Revenue Procedure 94-45, with no objective to continue or engage in the conduct of a trade or business.

• It is possible, for instance, that the Litigation Trust could be treated for U.S. federal income tax purposes as two trusts, one that holds the Assigned Preference Claims and Cash and another that holds the Non-Settling Defendant Claims and Cash.

• On or before the Effective Date, the Litigation Trust Agreement shall be executed, and the Non-Settling Defendant Claims and the Assigned Preference Claims shall be assigned to the Litigation Trust.

• To assist the Litigation Trust with respect to its initial analysis of Assigned Preference Claims, the Debtors shall provide to the Creditors’ Committee and the Settling Defendants a “preliminary preference report” by March 20, 2010, identifying potential preference payments and recipients.

More Definitions of Preference Claims

Preference Claims means any and all Claims and causes of action arising under section 547 of the Bankruptcy Code or any similar avoidable preference Claims or causes of action that, in any instance, could be brought under state or federal law. All Preference Claims shall be deemed waived and released upon the occurrence of the Effective Date.

Preference Claims means those potential claims arising under Section 547 of the Bankruptcy Code which are expressly designated and set forth in Exhibit G to the Plan.

Preference Claims means claims arising under 11 U.S.C. § 547(b) for the avoidance and/or recovery of transfers occurring prior to the Petition Date.

Preference Claims means all claims of Sellers arising under Section 547 of the Bankruptcy Code.

Preference Claims means any and all claims of the Debtor’s estate that could be brought under section 547 of the Bankruptcy Code or in the alternative based upon the same underlying facts under section 548 of the Bankruptcy Code, and the right to recover on account of any such claim under section 550 of the Bankruptcy Code.

Preference Claims means all claims and Causes of Action that may be asserted pursuant to section 547 of the Bankruptcy Codeby the Debtors and the Debtors’ Estates, including, without limitation, any successors in interest thereto.

Preference Claims means all Causes of Action pursuant to sections 547 of the Bankruptcy Code.