Georgia Bankruptcy Blog

Tag Archives: ordinary course of business

3rd Circuit – Contemporaneous Exchange Defense To Preference Action Applies Even Where Payment Made In Context Of Credit Agreement

Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., Nos. 06-2166, 06-2229, 2007 U.S. App. LEXIS 13155 (3rd Cir. June 7, 2007). The issue was whether preferential transfers may be protected by the contemporaneous exchange defense of §547(c)(1). Bob Eisenbach comments on the case at the Business Bankruptcy Blog, so I will just… Continue Reading

First-Tme Transaction Can Be “Ordinary Course Of Business” Defense to Preference Action

By Posted in Miscellaneous Cases

By: Scott B. Riddle, Esq. Bob Eisenbach at the Business Bankruptcy Blog discusses the case of Wood v. Stratos Product Development, LLC (In re Ahaza Systems, Inc.), 2007 U.S.App. LEXIS 7607 (9th Cir. April 3, 2007), wherein the Ninth Circuit held that even first-time transactions between the parties can come within the ordinary course defense… Continue Reading