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The ordinary course of business defense to a preference claim: ordinary business terms count too! (Business Law).
Business Credit
|
November 01, 2002 |
Nathan, Bruce S. |
COPYRIGHT 2002 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright
Introduction
What is worse than being uninvited from your 30th high school reunion, a fate that recently befell the author when he questioned the price? A credit grantor's receipt of a demand for repayment of a preference, of course! But to be serious, even worse than receiving such a demand is not realizing that there are defenses to a preference claim that should reduce or eliminate the risk of liability.
Among the most confusing and frequently litigated defenses to a preference claim is the ordinary course of business defense. The meaning of one of the elements of the ordinary course of business defense, payment according to ordinary business terms, ...
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