Given those conditions, you have no idea how much each share of debt is worth, and you have no idea how much each equity share is worth. Paying one creditor or shareholder (or any subset of them) at an assumed valuation is preferential. It is pretty much the definition, actually. In the real world it is a crime as described above.
Please, provide evidence to prove that in 'the real world it is a crime as described above'.
http://en.wikipedia.org/wiki/Unfair_preferenceA single Wikipedia is not evidence to prove the assertion. I wish to review the evidence which proves that people have been accused, prosecuted and jailed for exactly what Usagi is supposedly doing.
I knew you were going to say that. Very predictable. I am not going into arguments with you about the validity of Wikipedia articles. The assertion that preferential payment in case of a bankrupt company is a fraudulent crime is true and you know it.
Moreover:
An unfair preference (or "voidable preference") is a legal term arising in bankruptcy law where a person or company transfers assets or pays a debt to a creditor shortly before going into bankruptcy, that payment or transfer can be set aside on the application of the liquidator or trustee in bankruptcy as an unfair preference or simply a preference
Usagi did not declared bankruptcy, so your evidence is worthless to support kjj's assertion.
If usagi is unable to provide proper accounting, it is reasonable to assume that he is bankrupt.