Dill v. Brad Hall & Assocs. (In re Indian Capital Distrib.)
Aug
10
2012
Ruling
Fuel payments made within ten days of delivery were substantially contemporaneous, made within ordinary course of business and not avoidable.
Procedural posture
Trustee brought an adversary proceeding against transferee of funds from a bankruptcy debtor seeking to avoid the transfers as preferential, and the transferee asserted defenses under 11 U.S.C.S. § 547(c) based on contemporaneous transfers for value and transfers in the ordinary course of business.
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Court
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