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
Recommended Citation
Rutstein, Josh, "How Far Does the Rabbit Hole Go: The Interaction Between Set-Off Rights and the Voidable Preference Hypothetical in Chapter 7 Liquidation" (2019). Cardozo Law Review de•novo. 67.
https://larc.cardozo.yu.edu/de-novo/67
Comments
Student Note