Document Type

Article

Publication Date

2019

Graduation Year

2019

Abstract

This Note highlights the tension between Section 547 and Section 553 of the Bankruptcy Code, with specific attention paid to the interaction between set-off rights and the hypothetical liquidation invoked by a court in a voidable preference action, and proposes adopting the Ninth Circuit’s reasoning as a bankruptcy court standard when confronted with a similar conflict between the formalized tests in Sections 547 and 553, in an attempt to achieve a more equitable outcome.

Publisher

Cardozo Law Review de·novo

Volume

2019

First Page

76

Comments

Student Note

Included in

Law Commons

COinS