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listed, the SOFA requires the debtor to self-identify fn 12 this pertinent activity under oath. Among the
transactions required to be disclosed in the SOFA are
all payments or other transfers exceeding a threshold value to creditors within 90 days preceding
the commencement of the case (see SOFA question 3);
all payments to creditors who are or were insiders made within 1 year preceding the commence-
ment of the case (see SOFA question 4);
repossessions, foreclosures, and returns within 1 year preceding the commencement of the case
(see SOFA question 5);
setoffs by any creditor, bank, or financial institution within 90 days of the commencement of the
case from any account of the debtor (see SOFA question 6);
all suits and administrative proceedings to which the debtor is or was a party within the 1 year
immediately preceding filing of the bankruptcy case, as well as all property attached, garnished,
or seized under any legal or equitable process during this time (see SOFA question 7);
identification of any property in the hands of an assignee for the benefit of creditors during the
120 days before the commencement of the case or property in the hands of a receiver, custodian,
or other court-appointed officer within 1 year of the commencement of the case (see SOFA ques-
tion 8);
gifts or charitable contributions within 2 years of the commencement of the case in excess of
$1,000 in aggregate value to any recipient (see SOFA question 9);
losses from fire, theft, or casualty within 1 year of the commencement of the case (see SOFA
question 10);
payments of money or property to any person acting on behalf of the debtor within 1 year of the
commencement of the case, or to another person or entity, including attorneys, that the debtor
consulted about debt consolidation or restructuring, seeking bankruptcy relief, or filing a bank-
ruptcy case (see SOFA question 11);
payments or transfers of property to a person acting on behalf of the debtor within 10 years of the
commencement of the case to a self-settled trust or similar device (see SOFA question 12); and
all other property, other than property transferred in the ordinary course of the business or finan-
cial affairs of the debtor, transferred either absolutely or as security within 2 years immediately
preceding the commencement of the case (see SOFA question 13).
One of the criteria for avoidance of a preferential transfer is that the debtor must be "insolvent" at the
time of the transfer (11 USC 547(b)(3)). 11 USC 101(32) defines the term insolvent for parties other
fn 12 Federal Rules of Bankruptcy Procedure (Fed. R. Bankr. P.) Rule 1007 requires that the Statement of Financial Affairs (SOFA) be
filed with the petition or 14 days thereafter for voluntary cases and within 14 days after the entry of an order for relief for involuntary
cases.
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