Assuming Mindy's Mother Received More Than Would Have Been Received

question 47

Multiple Choice

Assuming Mindy's mother received more than would have been received through bankruptcy proceedings,which of the following is the most likely result of a claim of preferential payment based upon the payment to the mother?

• A) The payment was not preferential because it was made over 90 days before the filing of the bankruptcy petition.
• B) The payment was not preferential because it was made over 120 days before the filing of the bankruptcy petition.
• C) The payment was not preferential because it was made over 180 days before the filing of the bankruptcy petition.
• D) The payment was preferential because it was made to a family member and made within two years of the filing of the bankruptcy petition unless Mindy can establish that she was not insolvent when she made the payment.
• E) The payment was preferential on the basis that it was made to a family member within two years of the filing of the bankruptcy petition only if the trustee is able to demonstrate that Mindy was insolvent when she made the payment.