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<a href="http://www.accessmylibrary.com/coms2/summary_0286-38045374_ITM" title="Facts and information about Preference dynamic duo II: whatever happened to the small preference venue limitation? And yes, there is an ordinary course of business defense!(credit column)">Preference dynamic duo II: whatever happened to the small preference venue limitation? And yes, there is an ordinary course of business defense!(credit column)</a>
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Preference dynamic duo II: whatever happened to the small preference venue limitation? And yes, there is an ordinary course of business defense!(credit column)
Boy, with the increase in bankruptcy filings starting in the middle of 2007 and accelerating in 2008 and 2009, preferences are not going away, and continue to be a source of aggravation for trade creditors. Many pundits predicted that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") would limit small preference actions for recovery of less than $10,000 ($10,950 in bankruptcy cases filed on and after April 1, 2007) because they must be commenced only in the creditor's home jurisdiction, which is not necessarily the debtor's home bankruptcy court. This change was supposed to make trustees think twice before pursuing small preference claims ...
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