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Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Servs. Inc. (In re 360networks Inc.)

Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Servs. Inc. (In re 360networks Inc.)

Ruling
A company helping debtors relocate their employees did not show in a transfer avoidance proceeding that transfers were made in the ordinary course of business, but the court ruled that it was unclear regarding whether its services constituted contemporane
Procedural posture

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant relocation service company, seeking to recover as preferential transfers payments made by the debtors to the company for the company's services under a contract to assist in relocating the debtors'employees. The parties'cross-moved for summary judgment with regard to the company's defenses under 11 U.S.C. §§ 547(c)(1), (2).

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opinion summary, case decided on December 19, 2005 , LexisNexis #0506-022