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The BAPCPA ordinary course of business defense to preference claims: at last, a court speaks.(Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)(Column)
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), applicable to bankruptcy cases filed on and after October 17, 2005, has made it easier for trade creditors to satisfy the ordinary course of business defense to preference claims. In BAPCPA cases, the creditor must prove the transfer paid indebtedness incurred in the ordinary course of business of the debtor and creditor, and was made either in the ordinary course of business of the debtor and creditor, a subjective test, or according to ordinary business terms--an objective test. This is in contrast to the ordinary course of business defense applicable to pre-BAPCPA bankruptcy cases where the ...
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...transfers. One such exception is the ordinary course of business exception of 11 U.S...transferred by the debtor in the "ordinary course of business." For this exception...was incurred by the debtor in the ordinary course of business or financial affairs of...
Source: HighBeam Research, The BAPCPA ordinary course of business defense to preference claims:...