Legal Question in Bankruptcy in Virginia
Bankruptcy question
When does a presumption of insolvency of the debtor arise in proving a case for preferential transfer?
Asked on 10/20/08, 12:29 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Bankruptcy question
90 days prepetition. It's rebuttable, but the defendant has the burden of proof as to transfers within 90 days, while the plaintiff has the burden for transfers more than 90 days preptition.
Answered on 10/20/08, 12:41 pm
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