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Judge Jacqueline P. Cox

02 B 08699, 04 A 01322

Creditor’s Trust created under a confirmed chapter 11 plan moved for partial summary judgment on its adversary proceeding seeking avoidance under 11 U.S.C. § 547(b) of three pre-petition transfers the debtor made to the defendant. The defendant argued that the transfers fell within the “ordinary course of business” and “new value” exceptions of 11 U.S.C. § 547(c) and were not subject to avoidance. Finding that the “ordinary course of business” exception applied even though the payments were technically late according to a new contract negotiated during the preference period, the court denied the motion for summary judgment and entered judgment for the defendant on its motion for summary judgment.

Judge A. Benjamin Goldgar

In re Todd S. Scott
March 7, 2006

05 B 10001

04 B 38235

04 B 24507, 04 A 03755

In re Virginia Scott
January 18, 2006

05 B 16227, 05 A 01677

04 B 73288, 04 A 07113

Judge Jack B. Schmetterer