Filing a voluntary petition for bankruptcy


Case Problem:

On December 17 ZZZZ Best Co., Inc. (the debtor), borrowed $7 million from Union Bank (the bank). On July 8 of the following year the debtor filed a voluntary petition for bankruptcy. During the preceding ninety days, the debtor had made interest payments of $100,000 to the bank on the loan. The trustee of the debtor’s estate filed a complaint against the bank to recover those payments as a voidable preference. The bank asserts that the payments were not voidable because they came within the ordinary course of business exception. The trustee maintains that the exception applies only to short-term, not long-term, debt. Who is correct? Explain.

Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.

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Business Law and Ethics: Filing a voluntary petition for bankruptcy
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