Apr
19
2021
Murphy, In re--Baumgart v. Savani Props.
Ruling:
Trustee's adversary proceeding seeking to avoid the rent payments made by the debtor failedbecause the late payments were made in the ordinary course of business between the debtorand the creditor. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on April 19,2021, LexisNexis #0621-016
Mar
11
2021
Itt Educ. Servs., In re
Ruling:
Late payments were not protected from avoidance by the ordinary course of business defensewhere the longer terms were well outside industry standards. (Bankr. S.D. Ind.)
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Commercial case opionion summary, case decided on March 11,2021, LexisNexis #0421-090
Sep
30
2020
A-1 Express Delivery Serv., In re--Dotson v. EAN Servs., LLC
Ruling:
Preference proceeding dismissed as the claims related to damage repairs made to leasedvehicles by creditor which constituted new value. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on September 30,2020, LexisNexis #1120-066
Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065
May
07
2019
Haw. Island Air, In re
Ruling:
Trustee was entitled to partial summary judgment where existence of any liens on the assetsand proceeds was not relevant to the avoidance of the transfer under § 547. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on May 07,2019, LexisNexis #0719-037
Court: Judge or Jurisdiction information not available
Apr
17
2019
Managed Storage Int'l, Inc., In re
Ruling:
Stipulations and releases approved given the strength of debtor’s ordinary course of businessdefense to avoidance proceeding. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 17,2019, LexisNexis #0719-019
Mar
07
2019
Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.
Ruling:
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089
Dec
21
2018
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Ruling:
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083
Sep
12
2018
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Ruling:
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-104
Aug
21
2018
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Ruling:
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019
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