Smith v. Shearman & Sterling (In re BCE West LP)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Payments to law firm for one transaction were not avoidable as made in the ordinary course of business as consistent with debtor's payments to other professional service providers.
Procedural posture: 
Plaintiff chapter 11 Plan Trustee filed an adversary proceeding against defendant law firm seeking to avoid a payment under 11 U.S.C.S. § 547. The law firm was hired by a special committee of the board of directors of the debtor to advise it in connection with a proposed merger and roll up transaction. The law firm asserted that the payments were made in the ordinary course of business under 11 U.S.C.S. § 547(c)(2).
Issue: 
ABI Membership is required to access the full summary of Smith v. Shearman & Sterling (In re BCE West LP). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 28,2008, LexisNexis #0408-067