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 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.

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.

  • 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.

  • 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.

  • 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.

  • The Plaintiffs’ Liquidation Preference Claims Are Not Ripe FHFA’s entrance into the Third Amendment, allegedly in contravention of the GSEs’ existing contract—i.e., stock certificates—with the plaintiffs, constitutes a decision by an administrative agency.

  • 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.

  • Specifically, the Debtors or Reorganized Debtors, as the case may be, shall reasonably cooperate with the Trusts with respect to reasonable requests for documents and information in their review of potential Assigned Preference Claims.

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

  • The undersigned hereby indicates its election regarding the following preferences:Alaska Bidder Preference Claims PreferenceDoes Not Claim Preference Alaskans with Disabilities PreferenceClaims PreferenceDoes Not Claim Preference Alaska Veteran PreferenceClaims PreferenceDoes Not Claim Preference Employment Program PreferenceClaims PreferenceDoes Not Claim Preference If no election is made it will be determined the Bidder does not claim the preference.

  • Except as expressly provided in the Plan or the Lender Litigation Settlement and explicitly subject to the treatment of the Assigned Preference Claims, the State Law Avoidance Claims and the Non-Settling Defendant Claims as set forth herein, each of the Reorganized Debtors shall, after the Effective Date, retain the rights to bring any causes of action that could have been brought by the respective Debtor at any time.


More Definitions of Preference Claims

Preference Claims means those Causes of Action under § 547(b) of the BankruptcyCode.
Preference Claims means all Causes of Action pursuant to sections 547 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 claims of Sellers arising under Section 547 of the Bankruptcy Code.
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 those potential claims arising under Section 547 of the Bankruptcy Code which are expressly designated and set forth in Exhibit G to the Plan.

Related to Preference Claims

  • Unsecured Claim means any Claim that is not a Secured Claim.

  • Preference Stock means any and all series of preference stock, having no par value, of the Corporation.

  • Intercompany Claims means, collectively, any Claim held by a Debtor against another Debtor.

  • Series A Liquidation Preference means a liquidation preference for each Series A Preferred Unit initially equal to $1,000 per unit (subject to adjustment for any splits, combinations or similar adjustments to the Series A Preferred Units), which liquidation preference shall be subject to increase by the per Series A Preferred Unit amount of any accumulated and unpaid Series A Distributions (whether or not such distributions shall have been declared).

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Convenience Claim means a Claim that would otherwise be an Other Unsecured Claim that is

  • Liquidation Preference means, with respect to any Series, the amount specified as the liquidation preference per share for that Series in the Appendix for such Series.

  • Intercompany Claim means any Claim held by a Debtor against another Debtor.