- 11 U.S.C.
Fred's Inc., In re--FI Liquidating Trust v. C.H. Robinson Co., Inc.
Jan
15
2025
Ruling
Payments were preferential transfers not covered by the ordinary course of business defense due to credit pressure exerted against the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
ABI Membership is required to access the full summary of Fred's Inc., In re--FI Liquidating Trust v. C.H. Robinson Co., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.
Apr
01
2024
Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul
Mar
10
2023
Ruling
Transfers for the same amount, the same purpose, and at the same time each month were made in the ordinary course of business. (Bankr. D. Colo.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Longhorn Paving & Oilfield Servs., In re--Curtis v. Awbrey
Jan
03
2023
Ruling
Trustee's motion to reconsider judgment in preference proceeding denied as trustee failed toestablish that debtor’s post-petition wage transfers were issued to pay pre-petition wages.(Bankr. S.D. Tex.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Longhorn Paving & Oilfield Servs., In re--Curtis v. Awbrey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Buehler, In re--Schnittjer v. Buehler
Mar
21
2022
Ruling
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
ABI Membership is required to access the full summary of Buehler, In re--Schnittjer v. Buehler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
HHGREGG, Inc., In re--Official Comm. of Unsecured Creditors v. Curtis Int'l Ltd.
Feb
03
2022
Ruling
Balance of transfers fell within the ordinary course of business exception and were notavoidable. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
ABI Membership is required to access the full summary of HHGREGG, Inc., In re--Official Comm. of Unsecured Creditors v. Curtis Int'l Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Décor Holdings, Inc., In re--Ryniker v. Kaufmann
Feb
03
2022
Ruling
Creditors were entitled to ordinary course of business defense to avoidance based on averagelateness of debtors’ payments made before and during the preference period. (Bankr. E.D.N.Y.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
ABI Membership is required to access the full summary of Décor Holdings, Inc., In re--Ryniker v. Kaufmann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United Tax Grp., LLC, In re--Miller v. Welke
Sep
02
2021
Ruling
Transfers were shielded from avoidance by the ordinary course of business defense. (Bankr. D.Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of United Tax Grp., LLC, In re--Miller v. Welke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Murphy, In re--Baumgart v. Savani Props.
Apr
19
2021
Ruling
Trustee's adversary proceeding seeking to avoid the rent payments made by the debtor failedbecause the late payments were made in the ordinary course of business between the debtorand the creditor. (Bankr. N.D. Ohio)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Murphy, In re--Baumgart v. Savani Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Itt Educ. Servs., In re
Mar
11
2021
Ruling
Late payments were not protected from avoidance by the ordinary course of business defensewhere the longer terms were well outside industry standards. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Itt Educ. Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: