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Special Report on

Ordinary Course Of Business Defense

ordinary course of business defense special research report Photo by ediscovery.quarles.com
__ B.R. ___, 2010 WL 554900 (Bkrtcy.S.D.Fla.). The case involved a attempt to avoid and recover an alleged preferential transfer and the creditor's alleged a defense of "ordinary course of business" or "new value." The transfer in issue was a check dated within 90 days before the filing for payment of an invoice dated a few months earlier. Elements of Preference Avoidance The Court noted that the U.S. Supreme Court has explained that the purpose for the trustee's power to avoid preferences is to "discourage creditors from 'racing to the courthouse to dismember the debtor during ...
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REVIEWS AND OPINIONS
Corporate Restructuring & Bankruptcy Blog: Ascendia Brands Seeks ...
Ascendia Brands, Inc., which filed for chapter 11 bankruptcy protection in August 2008, sought approval of procedures for the settlement of avoidance actions arising under chapter 5 of the Bankruptcy Code without further court approval on Friday.  Ascendia and its affiliates sold branded and private-label health and beauty care products, including products sold under brands such as Binaca, Mr. Bubble, Calgon, and Ogilvie.  However, during the course of the chapter 11 cases, substantially all of the companies' assets have been sold, other than accounts receivable and avoidance actions.  The avoidance actions ... market research, surveys and trends
Defending A Preference: Ninth Circuit Holds That Even First Time ...
case, the Ninth Circuit held that even first time transactions can qualify for the "ordinary course of business" defense to preferences. A copy of the Court of Appeal's decision is available here . The Bankruptcy Preference . As a quick refresher, preferences are payments or other transfers made in the 90 days prior to a bankruptcy filing, on account of antecedent or pre-existing debt, at a time when the debtor was insolvent, that allow the transferee (the preference defendant) to be "preferred" by recovering more than it would have had the transfer not been made and the defendant instead had simply filed a proof of ... market research, surveys and trends

SURVEY RESULTS FOR
ORDINARY COURSE OF BUSINESS DEFENSE

The ordinary course of business defense to a preference claim: The ...
In theory, after an unsecured creditor repays a preference, the creditor is supposed to share in the recovery with other unsecured creditors, so that no one is favored. Unfortunately, it usually does not work that way. Introduction Credit grantors dread receiving a demand letter from a bankruptcy trustee or Chapter 11 debtor-inpossession for the repayment of a preference. To add insult to injury, credit grantors must usually deal with a demand to pay back the hard gotten gains of a vigorous and possibly timeconsuming collection effort after having previously written off substantial amounts due from an insolvent customer. But ... industry trends, business articles and survey research
The ordinary course of business defense to preferences: The case ...
Back to the strange and melodramatic place known as the PREFERENCE ZONE. It is a most frustrating place for credit grantors, who first spend a great deal of time and resources collecting their claims from financially troubled customers, and then face the risk of being forced to return payments they had received within 90 days of their customer's bankruptcy filing. The prospect of having to disgorge their hard gotten gains to a bankruptcy trustee or debtor-in-possession, after having written off their substantial claims against the debtor, is, to put it bluntly, ONE HECK OF A BUMMER! But enough with the hysterics. A creditor ... industry trends, business articles and survey research
RELATED NEWS
IN RE BRUNO MACHINERY CORPORATION
On February 13, 2007, the reorganized debtor Bruno Machinery Corporation ("BMC") commenced the above-captioned adversary proceeding against Troy Die Cutting Company, LLC ("TDC") and Herbert Chorbajian ("Chorbajian") (collectively, the "Defendants") by filing a complaint (the "Complaint") to avoid certain alleged preferential transfers and fraudulent conveyances and to recover transferred property pursuant to 11 U.S.C. §§ 544, 547 and 550, and sections 273-276 of the New York Debtor and Creditor Law ("DCL"). [ 1 ] (No. 1.) The Defendants filed an answer denying ... market trends, news research and surveys resources
IN RE BAYONNE MEDICAL CENTER
SILLS CUMMIS EPSTEIN & GROSS, PC., Philip R. White, Esq., Andrew H. Sherman, Esq., Newark, NJ, Attorneys for Official Committee of Unsecured Creditors GIBBONS P.C., Frank Vecchione, Esq., Dale E. Barney, Esq., Natasha M. Songonuga, Esq., Newark, NJ, Attorneys for Pamrapo Savings Bank, S.L.A. MORRIS STERN, Bankruptcy Judge Opposing motions for summary judgment were presented, with the plaintiff [ 1 ] seeking avoidance of a purported preferential transfer. These motions test the concepts of "insider" and "ordinary course of business." The dispute arises out of partial repayment of a community bank loan. That ... market trends, news research and surveys resources

INFORMATION RESOURCES

The BAPCPA Ordinary Course Of Business Defense To Preference ...
ordinary course of business defense, argu- ing that NGD's payment of the outstand- ing balances of the Line of Credit Note and ... technology research, surveys study and trend statistics
Marika Tolz v. William Gawlick - [DO NOT PUBLISH] IN THE UNITED ...
Jan 5, 2007 ... the ordinary-course-of-business defense applied to Gawlick and Anderson. The. Trustee also contended that the bankruptcy court had erred in ... technology research, surveys study and trend statistics
In Re: La Rochelle, Inc.– WashLaw Web
This proceeding is before the Court following a trial on the merits. The plaintiff-debtor appeared by counsel Joel Pelofsky and Janice E. Stanton of Shughart, Thomson & Kilroy, P.C. The defendant, DGF Enterprises, Inc. (DGF), appeared by counsel Lynda C. Moore of Slagle, Bernard & Gorman. The debtor seeks to recover certain payments it made to DGF as either avoidable preferences under 11 U.S.C.A. §547(b) or fraudulent transfers under §548(a)(2)(A). DGF asserts that the transfers are not avoidable because any preferences are protected under the ordinary-course-of-business or new-value exceptions found in ...
REAL TIME
ORDINARY COURSE OF BUSINESS DEFENSE
QUESTIONS AND ANSWERS
Google Answers: Statutes prohibiting removal of serial numbers ...
Dear mself2, I have searched the statutes and codes of all states, and I found out that many, but not all states have laws that prohibit possession and/or sale of common items where a serial number has been removed. I could not find any Federal laws on this particular issue. Here are the results of my research. I have also included such laws that are closely related with it, such as in the case of Delaware. I hope that it is what you were looking for! Best regards, Scriptor --- Arizona --- 13-2306. Possession of altered property; classification A. A person who is a dealer in property and recklessly possesses ...
Write a brief defense of Machiavelli? - Yahoo! Answers
For four centuries scholars have debated whether Machiavelli was the theorist of evil or just being realistic. The Prince made the word "Machiavellian" a byword for deceit, despotism, and political manipulation. Some historians argue Machiavelli had a secret (or very subtle) message that explains away the ugly implications of the plain text, saying that Machiavelli really favored virtue after all and was just trying to trick princes into policies that would lead to their overthrow, not their triumph.[15] Leo Strauss, the American political philosopher, declared himself more inclined toward the traditional view that Machiavelli ...