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Davis v. R.A. Brooks Trucking Co. (In re Quebeqcor World (USA) Inc.)

Davis v. R.A. Brooks Trucking Co. (In re Quebeqcor World (USA) Inc.)

Ruling
Preference period invoice payments not made in accordance with contract terms were not made in the ordinary course of business and were avoidable.
Procedural posture

The litigation trustee for chapter 11 debtors' jointly administered estate brought an adversary complaint to avoid and recover ten alleged preferential transfers totaling $117,370 made during the 90 day period before the debtors filed its chapter 11 case, plus prejudgment interest of $15,191.09, from defendant creditor. The trustee moved for summary judgment, and creditor opposed the motion.

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Commercial opinion summary, case decided on April 23, 2013 , LexisNexis #0513-057