Rethinking Preferences

57 Pages Posted: 28 Oct 2013

See all articles by Charles Jordan Tabb

Charles Jordan Tabb

University of Illinois College of Law

Date Written: 1992


Dating back to the Bankruptcy Act of 1898, it was acknowledged that Congress has always, in the history of bankruptcy legislation, "carefully endeavored to preserve a distinction between what may be termed guilty and innocent preferences." This article argues that many of the currently protected good preferences, however, should be made subject to avoidance and recapture, specifically advocating for the repeal of the ordinary course of business exception in section 547(c)(2) of the Bankruptcy Code.

Suggested Citation

Tabb, Charles Jordan, Rethinking Preferences (1992). South Carolina Law Review, Vol. 43, No. 4, p. 981, 1992, Available at SSRN:

Charles Jordan Tabb (Contact Author)

University of Illinois College of Law ( email )

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