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US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)

US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)

Ruling
Ordinary course of business defense failed due to failure of testimony to provide objective evidence of payment practices in honey brokerage industry.
Procedural posture

Plaintiff trustee filed an adversary proceeding against defendants creditor seeking to recover a portion of $412,240 in allegedly preferential transfers that the debtor made to the creditor in the 90 days before the debtor's bankruptcy petition date. The matter proceeded to trial on the creditor's former 11 U.S.C.S. § 547(c)(2) and (c)(4) defenses.

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Commercial opinion summary, case decided on June 17, 2013 , LexisNexis #0713-057