- 11 U.S.C.
CCI Constr. Co. v. Allfirst Bank (In re CCI Constr. Co.)
Apr
18
2007
Ruling
Bank's departure from procedure in covering outstanding checks was not in ordinary course of business so that payments were preferential.
Procedural posture
Plaintiff, debtor in possession, filed a complaint to set aside several preferential payments by the debtor to defendant bank, its primary business lender, under the terms of 11 U.S.C. § 547(b) or in the alternative, for recovery of improper setoff pursuant to 11 U.S.C. § 553. The bank asserted that the payments were not avoidable as made in the ordinary course of business, under 11 U.S.C. § 547(c)(2).
ABI Membership is required to access the full summary of CCI Constr. Co. v. Allfirst Bank (In re CCI Constr. Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: