- 11 U.S.C.
Forklift Liquidating Trust v. Custom Tool & MFG. Co. (In re Forklift LP Corp.)
Mar
31
2006
Ruling
Payments to manufacturer were deemed preferential transfers since the manufacturer failed to show the transfers were made in the ordinary course of business.
Procedural posture
Plaintiff, a chapter 11 bankruptcy debtor's successor in interest, filed an action against defendant, a manufacturer that supplied parts to the debtor, pursuant to 11 U.S.C. § 547 seeking to avoid alleged preferential transfers made to the manufacturer. The court conducted a bench trial and thereafter issued a memorandum containing its findings of fact and conclusions of law as required under Fed. R. Civ. P. 52.
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Court
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