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Maurer School of Law: Indiana University

Articles by Maurer Faculty

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1988

Bankruptcy

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The Risks Of Insider Guaranties, Douglass G. Boshkoff Jan 1988

The Risks Of Insider Guaranties, Douglass G. Boshkoff

Articles by Maurer Faculty

Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if the loan were guaranteed by a corporate insider. In this article, Prof Boshkoff argues that bankers should value insider guaranties only as a second source of payment, not for any subtle pressure they may exert on the borrower.