- 11 U.S.C.
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Aug
07
2020
Ruling
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
LMCHH PCP, LLC, In re--LMCHH PCP, LLC v. Crescent Imaging, LLC
Jul
06
2020
Ruling
Payments were preferential transfers where debtor failed to prove the ordinary course defense. (Bankr. E.D. La.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made in Ordinary Course of Business.
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Court
:
( Judge Brown ) [ Bankruptcy Court ]
- 11 U.S.C.
Managed Storage Int'l, Inc., In re
Apr
17
2019
Ruling
Stipulations and releases approved given the strength of debtor’s ordinary course of businessdefense to avoidance proceeding. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Dec
21
2018
Ruling
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
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Court
:
- 11 U.S.C.
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Sep
12
2018
Ruling
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Tidd, In re--Manhart v. S.W. Collins Co.
Sep
11
2017
Ruling
Transfers made in payment of debts incurred in the ordinary course of business were shieldedfrom avoidance. (Bankr. D. Me.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Creditor failed to show that preferential transfers from debtor were made in ordinary courseof business. (Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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:
- 11 U.S.C.
Satija v. C-T Plaster Inc. (In re Sterry Indus.)
Jun
09
2016
Ruling
Preference period payments were not subject to avoidance as they were made in the ordinary course of business.
Issue(s)
Was debtor pool installers preference period payment to subcontractor protected from avoidance by the ordinary course of business exception?
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:
- 11 U.S.C.
Forman v. Moran Towing Corp. (In re AES Thames LLC)
Mar
03
2016
Ruling
Transfers were not avoidable due to application of the ordinary course of business exception.
Issue(s)
Were preference period transfers protected from avoidance because the debtor paid the transfers in the ordinary course of its business?
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:
- 11 U.S.C.
Jubber v. SMC Elec. Prods. (In re C.W. Mining Co.)
Aug
10
2015
Ruling
Debtor's payment for mining equipment within 90 days of involuntary petition filing fell under the ordinary course of business exception to avoidance.
Issue(s)
Was debtor's payment for purchase of coal mining equipment made less than 90 days before the petition date properly held not to be avoidable on the ground that the debt was incurred and the payment made in the ordinary course of business?
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Court
:
Judge or Jurisdiction information not available