Changes

Jump to navigation Jump to search

Preferential transfer (view source)

Revision as of 03:49, June 28, 2023

926 bytes added ,  03:49, June 28, 2023
A strong defense against a claim challenging a preference transfer is the "ordinary course of business" argument
Line 33: Line 33:  
</blockquote>
 
</blockquote>
    +
== Defenses ==
 +
 +
A strong defense against a claim challenging a preference transfer is the "ordinary course of business" argument:
 +
{{cquote|ordinary course of business defense is intended to protect recurring, customary credit transactions that are incurred and paid in the ordinary course of business.  ... [A] “trustee may not avoid a transfer as a preference to the extent that such transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the transferee, and such transfer was” either “(A) made in the ordinary course of business or financial affairs of the debtor and the transferee; or (B) made according to ordinary business terms.”  Davis v. All Points Packaging & Distrib. (In re Quebecor World (USA) Inc.), 491 B.R. 363, 368 (Bankr. S.D.N.Y. 2013) (emphasis added), adopted by, 2013 U.S. Dist. LEXIS 170359 (S.D.N.Y. Nov. 25, 2013).}}
 
== References ==
 
== References ==
  
Aschlafly
Anthony, Irenaeus, Siteadmin, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
126,015

edits

Retrieved from "https://www.conservapedia.com/Special:MobileDiff/1958442"

Navigation menu