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ORDINARY COURSE OF BUSINESS DEFENSE

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Litigating the Ordinary Course of Business Defense ...

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The “ordinary course of business” defense is intended to protect ordinary trade transactions between a debtor and a creditor.   Key to proving the defense is a showing that the transfers during the preference period are consistent with how transfers were made prior to the preference period.

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Ordinary Course of Business Defense in Preferential ...

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Ordinary Course of Business Defense in Preferential Payment Claims in Bankruptcy When a company files for bankruptcy, creditors receive a notice from the bankruptcy court and must halt all collection efforts, including legal proceedings, outside of the confines of the bankruptcy forum.

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Preference Actions: What is the "Ordinary Course of ...

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 · The first one I’ll explain is called the “Ordinary Course of Business” Defense. Simply put, under the “Ordinary Course of Business” Defense a creditor makes the case that the payment they received from the debtor was not a payment for an outstanding debt, but rather a payment made in the “ordinary course of business.”

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Ordinary Course of Business Law and Legal Definition ...

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Ordinary Course of Business Law and Legal Definition | USLegal, Inc. Ordinary course of business is a phrase used to determine the routinr record keeping and other procedures applied to the mainenance of something. The usual transactions, customs and practices of a

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Everything You Need To Know About The “Ordinary Course of ...

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Congress enacted the ordinary course of business defense to the avoidance of preferential transfers to protect recurring, customary transactions in order to encourage the continuation of business with and the extension of credit to a financially distressed customer.

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The Ups and Downs of the New Ordinary-Course-of-Business ...

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 · Instead, the ordinary-course-of-business defense now puts creditors on a seesaw. On the one hand, it relaxes a creditor's burden of proof in that a creditor can defend a preference payment as being within industry norms apart from demonstrating that it occurred in the actual ordinary course of business of the debtor and creditor.

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Litigating the Ordinary Course of Business Defense in ...

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However, the Bankruptcy Code provides for an ordinary course of business (“OCB”) defense that immunizes preferential transfers from avoidance if such transfers were made either in the ordinary course of the parties’ business or ordinary business terms for the relevant industry. 2

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Just How Ordinary is Ordinary? Raising the “Ordinary ...

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 · A creditor raising the “ordinary course of business defense” of section 547(c)(2)(A) must show that both the incurrence of the original debt and the allegedly preferential transfer occurred within the ordinary course of business of both the debtor and creditor.

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'Ordinary Course Of Business' In Debt Agreements

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ordinary course of business.” Such exceptions presumably are intended to allow the debtor to operate its business in an ordinary or usual manner without exposing the creditor to an undue risk of loss, such as would occur if the debtor were to take on major liens securing debt or sell assets that are important from a credit perspective.

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THE ORDINARY COURSE OF BUSINESS DEFENSE IN …

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unsettled areas is the ordinary course of business ("OCB") defense. 2 The uncertainty surrounding the OCB defense derives from which method of analysis should be utilized when comparing pre-preference transactions to transactions made within the preference period; bankruptcy courts

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The Ordinary Course of Business Defense to Preferential ...

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 · The Bankruptcy Code does not define “ordinary course of business” or “ordinary business terms” and the Sixth Circuit (which is the Circuit in which Tennessee bankruptcy courts are located) has said that there is no “precise legal test” to apply to determine whether either term has been satisfied.

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The Ordinary-course-of-business Defense to Preference ...

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 · Household Finance F.S.B., 334 F.3d 638 (7th Cir. Ind. 2003), held that the §547(c)(2) ordinary-course-of-business defense could apply to payments of first-time RALs. the duration of the RAL arrangement between the debtors and Household, whether …

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Timing is Everything: The Seventh Circuit Clarifies the ...

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 · In a recent decision, The Unsecured Creditors Committee of Sparrer Sausage Co. v. Jason’s Foods, Inc., the Seventh Circuit Court of Appeals provided some useful guidance on the application of Bankruptcy Code section 547(c)(2), the ordinary course of business preference defense. In Sparrer, the Seventh Circuit addressed the following issues: (1) whether a bankruptcy court could appropriately ...

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"The Ordinary Course of Business Defense to Preferences ...

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One of the most frequently litigated defenses to a preference claim is the ordinary course of business defense. Unfortunately, for creditors, the defense is confusing and frequently litigated and often produces results that are at odds with common sense and what the …

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About ordinary course of business defense

ordinary course of business defense provides a comprehensive and comprehensive pathway for students to see progress after the end of each module. With a team of extremely dedicated and quality lecturers, ordinary course of business defense will not only be a place to share knowledge but also to help students get inspired to explore and discover many creative ideas from themselves. Clear and detailed training methods for each lesson will ensure that students can acquire and apply knowledge into practice easily. The teaching tools of ordinary course of business defense are guaranteed to be the most complete and intuitive.

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