- 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;
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- 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;
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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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:
( Judge Brown ) [ Bankruptcy Court ]
- 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.
Stanziale v. Industrial Specialists Inc. (In re Conex Holdings LLC)
Dec
18
2014
Ruling
Payments made in the ordinary course of business between debtor and creditor were not avoidable.
Issue(s)
Did ordinary course of business defense apply to bar avoidance of allegedly preferential transfers?
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- 11 U.S.C.
Bel Air Indus. of PR v. H Keller Trading Corp. (In re Bel Air Indus. of PR)
Nov
25
2014
Ruling
Payments to creditor were not avoidable preferential transfers as they were made in the ordinary course of business.
Issue(s)
Were preference period transfers avoidable or was the ordinary course of business defense applicable?
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- 11 U.S.C.
Weinman v. New Penn Motor Express Inc. (In re Office Source Inc.)
Dec
11
2013
Ruling
Summary report intended to establish ordinary course of business defense was admissible but only established defense for one of two creditors.
Issue(s)
Did summary reports provide basis for establishing ordinary course of business defense for two creditors in preference proceeding.
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- 11 U.S.C.
Burtch v. Prudential Real Estate & Relocation Servs. (In re AE Liquidation Inc.)
Jul
17
2013
Ruling
Payments pursuant to quicker than usual payment schedule were not made in ordinary course of business and were avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against creditor to avoid and recover preferential transfers under 11 U.S.C.S. § 547(b). The creditor argued that the trustee failed, as a matter of law, to establish a prima facie case. In the alternative, the creditor asserted two defenses under § 547(c)
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- 11 U.S.C.
Goldstein v. Starnet Capital Group LLC
Oct
24
2012
Ruling
Payments made in ordinary course of business were not avoidable.
Procedural posture
The chapter 7 trustee brought an adversary proceeding to set aside the $175,000 in multiple pre-petition transfers as fraudulent transfers pursuant to 11 U.S.C.S. §§ 544, 548 and 550. Alternatively, the trustee sought to avoid the final two of the transfers as preferences under 11 U.S.C.S. §§ 547(b) and 550, as made to the transferee within 90 days of the petition date.
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:
- 11 U.S.C.
Jacobs v. Gramercy Jewelry Mfg. Corp. (In re M. Fabrikant & Sons Inc.)
Nov
04
2010
Ruling
Preference period payments made much later than debtor's usual practice were not made in ordinary course of business and were voidable.
Procedural posture
Plaintiff, a trustee of a shared assets trust, filed an adversary proceeding against defendant creditor under 11 U.S.C.S. § 547(b) to recover funds paid by the Chapter 11 debtors during the 90-day preference period. The trustee established a prima facie case under § 547(b). At issue was whether the transfers were incurred and made in the ordinary course of business or financial affairs of the debtors and the creditor under § 547(c)(2)(A).
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