Bankruptcy Preference Creditor's Digest » ordinary course of business defense

Assessing and Proving the Ordinary Course of Business Defense to a Bankruptcy Preference Claim

burbageweddell — Tue, 02 Dec 2008 19:48:23 +0000

There are numerous “defenses” to a bankruptcy preference claim. The 3 most common defenses are:

the ordinary course of business defense, (which is described »»

Mixing and Matching Defenses – Employing Multiple Defenses Against Multiple Claimed Preference Payments

burbageweddell — Tue, 02 Dec 2008 20:01:39 +0000

One of the most critical but often overlooked opportunities to defend bankruptcy preference claims regards the ability to apply multiple defenses when there have been multiple payments. »»

A Three Question, Preliminary Self Assessment of a Bankruptcy Preference Claim

burbageweddell — Wed, 02 Jun 2010 19:26:57 +0000

By asking and answering three simple questions, a bankruptcy preference defendant can perform a rough cut, preliminary self-assessment of exposure to an avoidable transfer claim under Section »»

Sec. 547 – Preferences

burbageweddell — Sun, 13 Dec 2009 21:09:55 +0000

From the U.S. Code Online via GPO Access *

[Laws in effect as of January 3, 2006 with Increase in threshold under Sec. 547(c)(9) from $5,000 to $5,475 »»

W.D. Missouri Bankruptcy Court Rejects Pseudo Ponzi Scheme Challenge to Ordinary Course Preference Defense

burbageweddell — Sun, 10 Jul 2011 14:39:44 +0000

Western District of Missouri Bankruptcy Judge Dennis R. Dow holds that, in this bankruptcy preference action against trade creditors (the “Defendants”), the source of funds is irrelevant »»

Ocean Ridge Capital Advisors LLC, as Creditor Trustee v. Landscape Forms, Inc. – Motion to Dismiss Based on “Single Transaction” Ordinary Course of Business Defense

burbageweddell — Wed, 18 May 2011 18:06:51 +0000

05/17/2011 – Defendant’s Motion to Dismiss filed in the WCI Communities, Inc. Adversary Proceedings by Landscape Forms, Inc. before Judge Carey in the District of »»