Preference Or Preferential Debt Payment - Law Dictionary Search Results
Home Dictionary Name: preference or preferential debt paymentpreference or preferential debt payment
preference or preferential debt payment A debt payment made to a creditor in the 90 Source: Administrative Office of the U.S. Courts ...
preference
preference 1 : the right to prior payment of a debt [with over the creditors of the heirs or legatees "Louisiana Civil Code"] 2 : the transfer of an insolvent debtor's interest in property to a creditor for an earlier debt that gives the creditor more than the creditor would otherwise receive (as under a bankruptcy settlement) called also voidable preference compare antecedent debt at debt, fraudulent conveyance general assignment at assignment NOTE: Preferences can be voided by a bankruptcy trustee because they diminish the bankruptcy estate out of which other creditors will be paid. Preferences must be made during a period (as 90 days before the date of filing a bankruptcy petition) established by bankruptcy law in order to be voidable. Perfection or grant of a security interest during this period is also a preference. The bankruptcy law states exceptions under which payments to creditors are not voidable preferences. 3 : priority ...
back end ratio (debt ratio)
back end ratio (debt ratio) a ratio that compares the total of all monthly debt payments (mortgage, real estate taxes and insurance, car loans, and other consumer loans) to gross monthly income. Source: U.S. Department of Housing and Urban Development ...
Preferential payments
Preferential payments, in bankruptcy, administra-tion of estates of persons dying insolvent, and winding up of a company:-One year's rates and taxes, four months' salaries of clerks up to fifty pounds, and two months' wages of labourers or workmen, up to twenty-five pounds (labourers in husbandry paid partly in a lump sum at the end of the year of hiring to have the whole or proportionate part of that sum). Also sums due under the Workmen's Compensation Acts, the National Insurance Acts (Health and Unemployment and Contributory Pensions). These debts rank equally between them unless the assets are insufficient, in which case they are to abate in equal proportions. By the (English) Bankruptcy Act, 1914 (see s. 34), the preference was extended to apprentices. See the (English) Bankruptcy Act, 1914, s. 33, and the (English) Companies Act, 1929, s. 264, by which these debts are directed to be paid in priority to all others; and by s. 264 (4) (b) of the Companies Act, 1929, these debts are ...
Preferential or preference shares or stock
Preferential or preference shares or stock, shares or stock in a company having priority as to payment of dividends of a fixed amount, and, in some cases, of capital upon a winding-up, over the ordinary shares. The dividends are usually contingent upon the profits of each year or half-year. In some cases, however, the arrears of dividend form an accumu-lating debt by the ordinary to the preference shareholders, the preference being in that case described as a 'non-contingent' or a 'xumulative' preference. And see DEFERRED STOCK....
Privileged debts
Privileged debts, debts which an executor may pay in preference to all others, such as funeral expenses, etc. and see PREFERENTIAL PAY-MENTS....
Crown debts
Crown debts. It is a prerogative of the Crownto claim priority for its debts before all other creditors, and to recover them by a summary process called an extent. See 33 Hen. 8, c. 39.Every person having money belonging to the Crown is a Crown-debtor. When upon in quisition a personis found to be a Crown-debtor by simple contract, the debt immediately becomes a specialty; but a person givien to the Crown a bond on condition is not a bond-debtor before the condition is broken.S. 28(1) of the Bankruptcy Act, 1914, provides that an order of discharge shall not release a bankrupt from his Crown debts.It is provided by the (English) Land Chargs Act, 1900 (63 & 64 Vict. c. 26), replaced by the Land Charges Act,1925, ss. 6 and 7, and see also the Law of Property Act, 1925, that Crown debts shall not affectlands until writ or ordr for the purpose of enforcing the judgment has been issued and registered. See Chitty's Statutes, tit. 'Land,' and titles EXTENT; PREFERENTIAL PAYMENTS....
preferential
preferential 1 : of or constituting a preference [a transfer] 2 : giving preference to union members esp. in hiring [a shop] 3 : showing preference [these creditors may obtain treatment] ...
Fraudulent preferences
Fraudulent preferences. Every conveyances or tran-sfer of property or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they became due from his own moneys, in favour of any creditor, with a view of giving such creditor a preference over other creditors, is fraudulent and void as against the trustee in bankruptcy if the debtor becomes bankrupt within three months, Bankruptcy Act, 1914, s. 44; and see Companies Act, 1925, s. 265, in regard to winding-up of companies....
Preferential
Giving indicating or having a preference or precedence as a preferential claim preferential shares...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial