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§ 547(c)(2)(B)

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.

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Commercial opinion summary, case decided on January 15, 2025 , LexisNexis #0325-065
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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;

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Commercial opinion summary, case decided on February 03, 2022 , LexisNexis #0322-092
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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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Consumer opinion summary, case decided on December 21, 2018 , LexisNexis #0219-083
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Stanziale v. Southern Steel & Supply L.L.C. (In re Conex Holdings LLC)

Jan
14
2015
Ruling
Reconsideration of finding that transfers were avoidable as not made pursuant to ordinary business terms denied.
Issue(s)
Should bankruptcy court reconsider its finding that the ordinary course of business defense did not apply to prevent avoidance of transfers?

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Commercial opinion summary, case decided on January 14, 2015 , LexisNexis #0215-054
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HLI Creditor Trust v. Metal Techs. Woodstock Corp. (In re Hayes Lemmerz Intl Inc.)

Mar
06
2006
Ruling
Some transfers were deemed made in the ordinary course of business but not those that altered the payment practice between debtor and transferee.
Procedural posture

Plaintiff, a creditor trust, commenced an adversary proceeding seeking to avoid and recover, pursuant to 11 U.S.C. §§ 547, 550, certain allegedly preferential transfers made by debtors to defendant transferee during the 90-day period prior to the filing of debtors'petitions. The matter was before the court for decision following trial.

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opinion summary, case decided on March 06, 2006 , LexisNexis #0506-024
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HLI Creditor Trust v. Metal Techs. Inc. (In re Hayes Lemmerz Intl Inc.)

Jan
26
2006
Ruling
Transfers made within credit terms did not insure that such transfers were made in the ordinary course of business, and, thus, some of the debtor's payments were deemed preferential transfers.
Procedural posture

Plaintiff, a creditor trust, commenced an adversary proceeding, seeking to avoid and recover pursuant to 11 U.S.C. §§ 547 and 550, certain allegedly preferential transfers made by debtors to defendant, the transferee. The matter was before the court for decision following trial.

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opinion summary, case decided on January 26, 2006 , LexisNexis #0206-079
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