preferential payment in bankruptcy

简明释义

破产优先偿付

英英释义

例句

1.The court ruled that the transaction was a preferential payment in bankruptcy, which favored one creditor over others.

法庭裁定该交易是破产中的优先支付，这使得一个债权人优于其他债权人。

2.During the bankruptcy proceedings, the judge examined the preferential payment in bankruptcy made to a specific vendor.

在破产程序中，法官审查了对特定供应商进行的优先支付。

3.If a company makes a preferential payment in bankruptcy, it may face legal challenges from other creditors.

如果一家公司在破产中进行优先支付，可能会面临其他债权人的法律挑战。

4.The trustee investigated the preferential payment in bankruptcy to ensure fairness among all creditors.

受托人调查了破产中的优先支付，以确保所有债权人之间的公平性。

5.Creditors must be aware of the implications of making preferential payments in bankruptcy.

债权人必须意识到进行破产中的优先支付的影响。

作文

In the realm of corporate finance, the term preferential payment in bankruptcy refers to the payments made by a debtor to certain creditors before declaring bankruptcy. This concept is crucial to understand, as it directly impacts the distribution of assets and the rights of various stakeholders involved in the bankruptcy process. When a company faces financial distress, it may prioritize payments to specific creditors, often those who have a close relationship with the company or who provide essential services. Such actions can lead to disputes among creditors, especially if some feel they have been unfairly treated. The legal framework surrounding preferential payment in bankruptcy varies from one jurisdiction to another, but generally, the law seeks to ensure fairness in the treatment of all creditors. In many cases, bankruptcy laws are designed to prevent preferential payments that could disadvantage other creditors who also have legitimate claims against the debtor. For instance, if a company pays off a large loan from a favored bank shortly before filing for bankruptcy, that action might be scrutinized under the law. The rationale behind regulating preferential payment in bankruptcy is to maintain the integrity of the bankruptcy process. The goal is to create an equitable environment where all creditors can recover as much of their owed amounts as possible. If preferential payments were allowed without restriction, it could encourage debtors to act in bad faith, favoring certain creditors over others and undermining the principle of equal treatment. There are specific timeframes during which payments are scrutinized. For example, many jurisdictions have a look-back period, typically ranging from 90 days to one year prior to the bankruptcy filing, during which any payments made to creditors can be challenged. If a creditor received a payment that is deemed preferential, the bankruptcy court may require the creditor to return those funds to the bankruptcy estate. This process is known as 'clawback.' Understanding preferential payment in bankruptcy is essential for both creditors and debtors. Creditors need to be aware of their rights and the potential risks associated with receiving payments shortly before a bankruptcy filing. On the other hand, debtors must navigate the complexities of bankruptcy law carefully to avoid actions that could lead to legal challenges and further financial complications. In conclusion, the concept of preferential payment in bankruptcy plays a significant role in the overall bankruptcy process. It highlights the importance of fairness and equity in financial dealings. As businesses and individuals navigate the challenging waters of financial distress, being informed about the implications of preferential payments can help them make better decisions and potentially mitigate losses. Ultimately, understanding this concept is vital for ensuring that the bankruptcy process serves its intended purpose: to provide a fair resolution for all parties involved.

在企业金融领域，术语破产中的优先支付指的是债务人在宣布破产之前对某些债权人进行的支付。理解这一概念至关重要，因为它直接影响到资产的分配和涉及破产程序的各方利益相关者的权利。当一家公司面临财务困境时，它可能会优先向特定债权人付款，通常是那些与公司关系密切或提供必要服务的债权人。这种行为可能导致债权人之间的争议，特别是如果一些人感到他们受到不公平对待。关于破产中的优先支付的法律框架因司法管辖区而异，但通常情况下，法律旨在确保所有债权人的待遇公平。在许多情况下，破产法设计用来防止可能使其他债权人处于不利地位的优先支付。例如，如果一家公司在提交破产申请前偿还了某家受青睐银行的大额贷款，那么该行为可能会受到法律的审查。监管破产中的优先支付的理由在于维护破产程序的完整性。目标是创造一个公平的环境，使所有债权人能够尽可能多地收回他们所欠款项。如果允许优先支付而没有限制，这可能会鼓励债务人行为不端，偏袒某些债权人而损害其他债权人的权益，从而破坏平等待遇的原则。在特定的时间框架内，支付会受到审查。例如，许多司法管辖区都有一个回顾期，通常在破产申请前的90天到一年之间，在此期间，任何支付给债权人的款项都可能受到挑战。如果某个债权人收到的支付被认为是优先的，破产法院可能会要求该债权人将这些资金返还给破产财产。这个过程被称为“追索”。理解破产中的优先支付对于债权人和债务人都至关重要。债权人需要了解自己的权利以及在破产申请前不久收到支付所涉及的潜在风险。另一方面，债务人必须仔细处理破产法的复杂性，以避免可能导致法律挑战和进一步财务问题的行为。总之，破产中的优先支付概念在整个破产过程中发挥着重要作用。它突显了财务交易中公平和公正的重要性。当企业和个人在财务困境的艰难水域中航行时，了解优先支付的影响可以帮助他们做出更好的决策，并可能减轻损失。最终，理解这一概念对于确保破产程序实现其预期目的至关重要：为所有相关方提供公平的解决方案。