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§ 547(c)(2)(A)

Satija v. C-T Plaster Inc. (In re Sterry Indus.)

Ruling: 
Preference period payments were not subject to avoidance as they were made in the ordinary course of business.
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Consumer case opionion summary, case decided on June 09,2016, LexisNexis #0716-020

Stanziale v. Industrial Specialists Inc. (In re Conex Holdings LLC)

Ruling: 
Payments made in the ordinary course of business between debtor and creditor were not avoidable.
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Commercial case opionion summary, case decided on December 18,2014, LexisNexis #0115-056

Bel Air Indus. of PR v. H Keller Trading Corp. (In re Bel Air Indus. of PR)

Ruling: 
Payments to creditor were not avoidable preferential transfers as they were made in the ordinary course of business.
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Commercial case opionion summary, case decided on November 25,2014, LexisNexis #1214-127

Weinman v. New Penn Motor Express Inc. (In re Office Source Inc.)

Ruling: 
Summary report intended to establish ordinary course of business defense was admissible but only established defense for one of two creditors.
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Commercial case opionion summary, case decided on December 11,2013, LexisNexis #0114-022

Burtch v. Prudential Real Estate & Relocation Servs. (In re AE Liquidation Inc.)

Chapter 7 trustee filed a complaint against creditor to avoid and recover preferential transfers under 11 U.S.C.S. § 547(b). The creditor argued that the trustee failed, as a matter of law, to establish a prima facie case. In the alternative, the creditor asserted two defenses under § 547(c)
Ruling: 
Payments pursuant to quicker than usual payment schedule were not made in ordinary course of business and were avoidable.
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Commercial case opionion summary, case decided on July 17,2013, LexisNexis #0813-021

Goldstein v. Starnet Capital Group LLC

The chapter 7 trustee brought an adversary proceeding to set aside the $175,000 in multiple pre-petition transfers as fraudulent transfers pursuant to 11 U.S.C.S. §§ 544, 548 and 550. Alternatively, the trustee sought to avoid the final two of the transfers as preferences under 11 U.S.C.S. §§ 547(b) and 550, as made to the transferee within 90 days of the petition date.
Ruling: 
Payments made in ordinary course of business were not avoidable.
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Commercial case opionion summary, case decided on October 24,2012, LexisNexis #1112-054

Jacobs v. Gramercy Jewelry Mfg. Corp. (In re M. Fabrikant & Sons Inc.)

Plaintiff, a trustee of a shared assets trust, filed an adversary proceeding against defendant creditor under 11 U.S.C.S. § 547(b) to recover funds paid by the Chapter 11 debtors during the 90-day preference period. The trustee established a prima facie case under § 547(b). At issue was whether the transfers were incurred and made in the ordinary course of business or financial affairs of the debtors and the creditor under § 547(c)(2)(A).
Ruling: 
Preference period payments made much later than debtor's usual practice were not made in ordinary course of business and were voidable.
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Commercial case opionion summary, case decided on November 04,2010, LexisNexis #1210-052

Burtch v. Detroit Forming Inc. (in re Archway Cookies)

Plaintiff chapter 7 trustee brought this adversary action pursuant to 11 U.S.C.S. §§ 547 and 550 against defendant, a supplier of plastic trays to debtors, seeking to avoid and recover as preferential certain transfers made by the debtor to the supplier. The supplier filed a motion for summary judgment.
Ruling: 
Debtor's preference period payments to supplier were not avoidable pursuant to ordinary course of business exception.
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Commercial case opionion summary, case decided on September 01,2010, LexisNexis #0910-125

Liebersohn v. WTAE-TV (In re Pure Weight Loss Inc.)

Chapter 7 Trustee filed this adversary proceeding pursuant to 11 U.S.C.S. § 547(b) and § 550(a) to avoid and recover two payments which the debtor made to defendant television station during the 90 day preference period before the debtor filed its Chapter 7 bankruptcy case. The station filed a motion for summary judgment asserting that both transfers fell within the "ordinary course of business" exception of 11 U.S.C.S. § 547(c)(2)(A).
Ruling: 
Payments to creditor that differed in timing and amount from usual practice were not covered by ordinary course of business defense to avoidance.
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Commercial case opionion summary, case decided on November 10,2009, LexisNexis #0110-022

Cox v. Decas Cranberry Prods. (In re Meyers Bakeries Inc.)

Plaintiff filed an adversary proceeding against defendant creditor, seeking to recover three pre-petition transfers totaling $ 32,472 as preferential transfers pursuant to 11 U.S.C.S. § 547. The creditor asserted that the Perishable Agricultural Commodities Act, 7 U.S.C.S. § 499a et seq. applied, and raised the affirmative defense of ordinary course of business as provided in 11 U.S.C.S. § 547(c)(2)(A).
Ruling: 
Payments by debtor bakery for dried cranberries were not protected by Perishable Agricultural Commodities Act and were preferential as not made in accordance with industry standards.
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Commercial case opionion summary, case decided on March 02,2009, LexisNexis #0709-031

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