AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Close
Create a link to this page
Copy and paste this link tag into your Web page or blog:
<a href="http://www.accessmylibrary.com/coms2/summary_0286-13426814_ITM" title="Facts and information about In defense of a preference: what is the industry standard of the ordinary course of business preference defense and how may an industry report assist with the defense?(Feature article)">In defense of a preference: what is the industry standard of the ordinary course of business preference defense and how may an industry report assist with the defense?(Feature article)</a>
Close
Set up an RSS feed that alerts you when new articles from Business Credit are available.
Frequently asked questions about RSS feeds
In defense of a preference: what is the industry standard of the ordinary course of business preference defense and how may an industry report assist with the defense?(Feature article)
Executive Summary
* Creditors often receive a demand on behalf of a bankruptcy estate (from either a trustee, debtor in possession, or the creditor's committee attorney) to repay to the bankruptcy estate payments the creditor received from its customer within 90 days of the customer filing bankruptcy.
* The receipt of a preferential payment is not illegal. A debtor has a right to pay whichever creditor it may choose at whatever time it chooses. However, one of the primary objectives of the Bankruptcy Code is to ensure that all creditors of a class are treated alike. One of the ways that the Bankruptcy Code attempts to accomplish this objective is to ...
Related articles from newspapers, magazines, journals, and more
For more facts and information, see all results
- Ever-Expanding Section 363(b): Compensation of Attorney Authorized as...
- News wire article from: Mondaq Business Briefing March 31, 2006 700+ words
...comply with the Bankruptcy Code's rigorous...appropriate non-ordinary course use of estate...and 1103 of the Bankruptcy Code, which authorize...provision in the Bankruptcy Code governs non-ordinary course expenditures...
- The ordinary course of business defense to a preference claim: ordinary...
- Magazine article from: Business Credit Nathan, Bruce S. November 1, 2002 700+ words
...Overview of the Ordinary Course of Business Defense...preference is the ordinary course of business defense...c)(2) of the Bankruptcy Code. A creditor subject...advantage of the ordinary course of business defense...
- Preference defenses: the "ordinary course of business" defense. (bankruptcy...
- Magazine article from: Business Credit Dopke, Bruce November 1, 1993 700+ words
...bankruptcy begins. The Bankruptcy Code allows creditors...referred to as the "ordinary course of business" defense...c) (2) of the bankruptcy code, which states...the debtor in the ordinary course of business or financial...
- The BAPCPA ordinary course of business defense to preference claims: at last, a...
- Magazine article from: Business Credit Nathan, Bruce S. October 1, 2006 700+ words
...T asserted the ordinary course of business defense...Trustee argued that the ordinary course of business defense...subject to the ordinary course of business defense...547(b) of the Bankruptcy Code, a trustee can recover...
- Manchester Inc. Seeks Protection of Chapter 11 of the Bankruptcy Code.
- Press release article from: PR Newswire February 9, 2008 700+ words
...the Federal Bankruptcy Code. Rick D...operate in the ordinary course of business...operate in the ordinary course; (2) Manchester...the Federal Bankruptcy Code with all Manchester...business in the ordinary course and pay our...
- The continuing evolution of a seller's right to reclamation and administrative...
- Magazine article from: Business Credit Gregg, John January 1, 2009 700+ words
...the debtor in the ordinary course of such debtor...Vendor Orders and Bankruptcy Code [section] 503...to a debtor in the ordinary course of the debtor's...the debtor. The Bankruptcy Code does not provide...
- The bankruptcy code--out of whack? (Credit and the Law).(Brief Article)
- Newspaper article from: Credit & Collection Manager's Letter July 1, 2002 700+ words
...because of the Bankruptcy Code, it is not necessarily...challenges. NACM supports Bankruptcy Code reform proposals...place of business. Ordinary course-of-business requirements...was intended in the bankruptcy code to protect the rights...
- Changes to Bankruptcy Code Simplify Preferential Payment Defenses.
- Press release article from: PR Newswire September 12, 2007 700+ words
...547 (c) of the U.S. Bankruptcy Code have turned the tide, according...accomplished by changing the 'ordinary course of business' defense commonly...creditor invoking the "ordinary course of business defense" was...creditor had been made "in the ordinary course of ...
- United Airlines, US Airways, Delta, Northwest... US Chapter 11.(bankruptcy code)
- News wire article from: Mondaq Business Briefing January 26, 2006 700+ words
...chapter 11 of the Bankruptcy Code, the company's...filing of a plan. The bankruptcy code sets forth a priority...obligations in the ordinary course of business based...section 365 of the Bankruptcy Code. "Assumption...
- Delta Woodside Industries, Inc. Announce Filing of Petition under Chapter 11 of...
- Press release article from: Business Wire October 13, 2006 700+ words
...the United States Bankruptcy Code in the United States...and 1108 of the Bankruptcy Code, and the directors...matters outside the ordinary course of business. The...Section 363 of the Bankruptcy Code. Any bid accepted...
Source: HighBeam Research, In defense of a preference: what is the industry standard of the...