- 11 U.S.C.
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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Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)
Aug
27
2024
Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.
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Court
:
- 11 U.S.C.
Red Rose, Inc., In re--ACF Finco I, LP v. Taylor Metal, Inc.
May
15
2024
Ruling
Summary judgment on preferential transfer avoidance denied due to factual disputes overcontemporaneous exchange, ordinary course, and subsequent new value defenses.(Bankr. D. Nev.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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:
- 11 U.S.C.
National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.
Apr
01
2024
Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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- 11 U.S.C.
Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul
Mar
10
2023
Ruling
Transfers for the same amount, the same purpose, and at the same time each month were made in the ordinary course of business. (Bankr. D. Colo.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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:
- 11 U.S.C.
Longhorn Paving & Oilfield Servs., In re--Curtis v. Awbrey
Jan
03
2023
Ruling
Trustee's motion to reconsider judgment in preference proceeding denied as trustee failed toestablish that debtor’s post-petition wage transfers were issued to pay pre-petition wages.(Bankr. S.D. Tex.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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:
- 11 U.S.C.
Auriga Polymers Inc. v. PMCM2, LLC
Jul
18
2022
Ruling
Bankruptcy court erred in denying summary judgment to a creditor in preferenceproceeding regarding creditor's subsequent new value defense. (11th Cir.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value; Absent Unavoidable
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Judge or Jurisdiction information not available
- 11 U.S.C.
Buehler, In re--Schnittjer v. Buehler
Mar
21
2022
Ruling
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
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- 11 U.S.C.
HHGREGG, Inc., In re--Official Comm. of Unsecured Creditors v. Curtis Int'l Ltd.
Feb
03
2022
Ruling
Balance of transfers fell within the ordinary course of business exception and were notavoidable. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
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Judge or Jurisdiction information not available
- 11 U.S.C.
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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