§547 Preferential Transfers in West Virginia

How 11 U.S.C. § 547 applies in West Virginia — federal bankruptcy law, West Virginia district data.

What §547 Preferential Transfers Does

If you paid a creditor more than $600 in the 90 days before filing (or 1 year for insider transfers), the trustee may "avoid" that payment as a preferential transfer and recover the money for distribution to all creditors equally. This rule protects the fundamental bankruptcy principle of equitable distribution.

Key points:

90-day lookback for ordinary creditors, 1-year for insiders (family, business affiliates)
Ordinary-course-of-business and subsequent-new-value are two common defenses
Consumer threshold — $600 minimum (§547(c)(8))
Preference avoidance is a trustee action, not a debtor action

West Virginia Bankruptcy Data (FJC)

7,115

Total filings

40.2%

Dismiss rate

1,528

Prior filers

42.8%

Prior discharge rate

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a West Virginia-specific answer, check the screener or consult a local attorney.

What §547 Preferential Transfers Does

West Virginia Bankruptcy Data (FJC)

Apply This to Your Case

Related West Virginia Statutes

§547 Preferential Transfers in Other States