- 11 U.S.C.
G.H. Leidenheimer Baking Co. v. Sharp (In re SGSM Acquisition Co. LLC)
Feb
06
2006
Ruling
Payments made to the debtor's suppliers during the preference period were avoidable transfers since they were not made in the ordinary course of business subject to a portion of the payments not being preferential since subsequent new value was provided.
Procedural posture
Appellant suppliers brought a consolidated appeal from the district court, challenging the lower courts'treatment of preference payments each received from debtor grocery store chain before it filed bankruptcy.
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