"But I Didn't Mean To": The Role of Intent in American and Canadian Anti-Preference Law
AbstractIn both the United States and Canada, bankruptcy preferential transfer avoidance provisions are aimed at creating equality of distribution among similarly situated creditors. However, there is a key difference in the way each jurisdiction’s regime treats the notion of intent. An analysis of each regime, using examples, illustrates the way in which Canada’s regime effectually does violence to the distributive equality policy objective, while the US regime adheres to it.
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