- 11 U.S.C.
In re Prevalence Health LLC
Nov
07
2012
Ruling
Transfer to debtor's president and chief operating officer avoided as preferential given inability to establish ordinary course of business exception.
Procedural posture
The chapter 11 trustee filed an action against defendant the president and chief operating officer of the debtor, to set aside a payment as a preference pursuant to 11 U.S.C.S. § 547. Defendant argued that the transfer was not a preference because it was made in the ordinary course of the debtor's business under § 547(c)(2). Both parties filed motions for summary judgment.
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Court
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