Published on 07 May 2009 • USA (National/Federal) |
(1) was to or for the benefit of a creditor, (2) was for or on account of an antecedent debt owed by the debtor before such transfer was made, (3) was made while the debtor was insolvent, (4) was made within 90 days before the commencement date or, if the transfer was made to an insider, within one year before the commencement date, and (5) enabled the creditor to receive more than it would have received on its claim if the case was a chapter 7 liquidation (emphasis added).
[t]he term insider includes… (B) if the debtor is a corporation— (i) director of the debtor; (ii) officer of the debtor; (iii) person in control of the debtor; (iv) partnership in which the debtor is a general partner; (v) general partner of the debtor; or (vi) relative of a general partner, director, officer, or person in control of the debtor.