- 11 U.S.C.
Cox v. Decas Cranberry Prods. (In re Meyers Bakeries Inc.)
Mar
02
2009
Ruling
Payments by debtor bakery for dried cranberries were not protected by Perishable Agricultural Commodities Act and were preferential as not made in accordance with industry standards.
Procedural posture
Plaintiff filed an adversary proceeding against defendant creditor, seeking to recover three pre-petition transfers totaling $ 32,472 as preferential transfers pursuant to 11 U.S.C.S. § 547. The creditor asserted that the Perishable Agricultural Commodities Act, 7 U.S.C.S. § 499a et seq. applied, and raised the affirmative defense of ordinary course of business as provided in 11 U.S.C.S. § 547(c)(2)(A).
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Court
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