Legal Dictionary
Main Entry:
pref·er·encePronunciation:
'pre-fr&ns, -f&-r&nsFunction:
noun 1 : the right to prior payment of a debt
preference over the creditors of the heirs or legatees —Louisiana Civil Code>
2 : the transfer of an insolvent debtor's interest in property to a creditor for an earlier debt that gives the creditor more than the creditor would otherwise receive (as under a bankruptcy settlement) called also voidable preference —compare antecedent debt at DEBT, FRAUDULENT CONVEYANCE general assignment at ASSIGNMENT
NOTE: Preferences can be voided by a bankruptcy trustee because they diminish the bankruptcy estate out of which other creditors will be paid. Preferences must be made during a period (as 90 days before the date of filing a bankruptcy petition) established by bankruptcy law in order to be voidable. Perfection or grant of a security interest during this period is also a preference. The bankruptcy law states exceptions under which payments to creditors are not voidable preferences.
3 : PRIORITY