
[Middle English preferraunce, preferment, from Old French preference, from preferer, to prefer. See prefer.]
Transfer of property occurring within 90 days of a borrower's filing of a bankruptcy petition. A preference may be through a lien or security interest, or transfer of property to a creditor. An unsecured loan paid off within 90 days of bankruptcy also may be declared a preference. Bankruptcy trustees have the power to void preferences that impair the Position of general creditors, or that undermine the stability of a business through transfer of an obligation. See also Set-Off Clause; Voidable Preference.
noun
Definition: favorable treatment
Antonyms: disfavor, equality, rejection
n
Definition: first choice
Antonyms: dislike, hate, hatred, last choice, rejection
In the ordinary dictionary sense of ‘liking or estimation of one thing before or above another’, the concept of preference is important in positivist social science. Economists regard behaviour as ‘revealed preference’ and usually regard a person's preferences as identical to her choices. Political scientists and sociologists are more cautious, especially when what people say differs from what they do.
The act of an insolvent debtor who pays one or more creditors the full amount of their claims or a larger amount than they would be entitled to receive on a pro rata distribution.
For example, a debtor owes three creditors five thousand dollars each. All three are equally entitled to payment, but the debtor has only twelve thousand dollars in assets. Instead of paying each creditor four thousand dollars, the debtor pays two creditors in full and pays the third creditor the remaining two thousand dollars.
The common law does not condemn a preference. Some state statutes prescribe that certain transfers are void — of no legal force or binding effect — because of their preferential character. If a state antipreference provision protects any actual creditor of the debtor, the trustee in bankruptcy can take advantage of it.
Bankruptcy law does condemn certain preferences. The bankruptcy trustee can void any transfer of property of the debtor if the trustee can establish the following: [nl]1.
The transfer was "to or for the benefit of a creditor."
2.
The transfer was made for or on account of an "antecedent debt" — that is, a debt owed prior to the time of the transfer.
3.
The debtor was insolvent at the time of the transfer.
4.
The transfer was made within ninety days before the date of the filing of the bankruptcy petition or was made between ninety days and one year before the date of the filing of the petition to an insider who had reasonable cause to believe that the debtor was insolvent at the time of the transfer.
5.
The transfer has the effect of increasing the amount that the transferee would receive in a liquidation proceeding under chapter 7 of the bankruptcy law (11 U.S.C.A. § 701 et seq.).
11 U.S.C.A. § 547.
Other statutory provisions, however, create exceptions; if a transfer comes within an exception, the bankruptcy trustee cannot invalidate the transfer even though the aforementioned five elements exist.
See: insolvency.
n.
A sentiment, or frame of mind, induced by the erroneous belief that one thing is better than another.
An ancient philosopher, expounding his conviction that life is no better than death, was asked by a disciple why, then, he did not die. "Because," he replied, "death is no better than life."
It is longer.
It's not a single idea, but many ideas and attitudes, including a reverence for nature and a preference for country life.
— Unknown
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The term preferences is used in a variety of related, but not identical, ways in the scientific literature. This makes it necessary to make explicit the sense in which the term is used in different social sciences.
In psychology, preferences could be conceived of as an individual’s attitude towards a set of objects, typically reflected in an explicit decision-making process (Lichtenstein & Slovic, 2006). Alternatively, one could interpret the term “preference” to mean evaluative judgment in the sense of liking or disliking an object (e.g., Scherer, 2005) which is the most typical definition employed in psychology. However, it does not mean that a preference is necessarily stable over time. Preference can be notably modified by decision-making processes, such as choices (Brehm, 1956; Sharot, De Martino, & Dolan, 2009), even in an unconscious way (see Coppin, Delplanque, Cayeux, Porcherot, & Sander, 2010).
"Preference" may also refer to non-choices, such as genetic and biological explanations for one's preference. Sexual orientation, for example, is no longer considered a sexual preference by most individuals, but is debatable based on philosophical and/or scientific ideas.
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Dansk (Danish)
n. - forkærlighed, den eller det foretrukne, fortrinsrettighed, begunstigelse
idioms:
Nederlands (Dutch)
voorkeur, voorliefde, keuzemogelijkheid, voordeel
Français (French)
n. - préférence
idioms:
Deutsch (German)
n. - Präferenz, Vorliebe
idioms:
Ελληνική (Greek)
n. - προτίμηση, επιλογή
idioms:
Italiano (Italian)
preferenza, predilezione, precedenza
idioms:
Português (Portuguese)
n. - preferência (f), prioridade (f)
idioms:
Русский (Russian)
предпочтение
idioms:
Español (Spanish)
n. - preferencia, prioridad
idioms:
Svenska (Swedish)
n. - förkärlek, preferens, företräde
中文(简体)(Chinese (Simplified))
偏爱, 优先选择
idioms:
中文(繁體)(Chinese (Traditional))
n. - 偏愛, 優先選擇
idioms:
한국어 (Korean)
n. - 더 좋아함, 좋아하는 물질
idioms:
日本語 (Japanese)
n. - 好み, 選択, 他より好むこと, 好みのもの, 優先, 優先権, ひいき, 特恵
idioms:
العربيه (Arabic)
(الاسم) تفضيل, أولويه, المفضل, خيار, حق الاختيار
עברית (Hebrew)
n. - העדפה, חיבה מיוחדת, נטייה, דבר מועדף, מתן עדיפות
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