Understanding Ordinary: Ordinary Course Defenses to Bankruptcy Preference Actions

Index

• Front Matter
• About the Author
• About the Legal Note Authors
• Acknowledgments
• Table of Contents
• Chapter 1 Introduction to Preference Analyses and the Ordinary Course of Business Defense
• Chapter 2 Background: The Bankruptcy Code and the Ordinary Course of Business Defense
• Chapter 3 The Role of Accounting Systems in the Ordinary Course
• Chapter 4 The Data-Gathering Process and Assessing "Reasonably Certain"
• Chapter 5 Ordinary in the Industry (The "Objective Test")
• Chapter 6 Ordinary Between the Parties (The "Subjective Test")
• Chapter 7 Subsequent New Value Defense & Contemporaneous Exchange for New Value Defense
• Chapter 8 Conclusion
• Appendix A Summary of Industry Resources
• Appendix B Common Metrics and Terms in the Analysis of Preferential Transfers
• Appendix C Listing of Noteworthy Cases