- 11 U.S.C.
Davis v. I.P.H.F.H.A. Inc.
Nov
09
2006
Ruling
Ordinary course of business defense to avoidance did nto apply to late insurance payments where premiums were not regularly paid on a late basis.
Procedural posture
Plaintiff chapter 7 trustee sought to avoid as preferences under 11 U.S.C. § 547(b) debtor's payments to defendant association for past due commercial insurance premiums. The association stipulated that the trustee met the elements for a preference but asserted the ordinary course of business and new value defenses under section 547(c)(2) and (1). The trustee filed a motion to exclude invoices from evidence.
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Court
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