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About the Legal Note Authors
Jurisdiction | United States |
About the Legal Note Authors
Kathleen M. Aiello is an associate attorney at Fox Rothschild LLP in New York, where she has developed a practice dedicated to representing clients in all facets of chapter 11 and 7 bankruptcy cases, including debtors, fiduciaries and creditors. Ms. Aiello also has significant experience in both bankruptcy-related and nonbankruptcy litigation. She has prosecuted and defended numerous preference actions on behalf of her clients. Ms. Aiello frequently appears in the bankruptcy courts for both the Southern and Eastern Districts of New York. She received her B.S. from Georgetown University and her J.D. from Rutgers University School of Law.
Paul R. Hage is a partner with Jaffe Raitt Heuer & Weiss, P.C. in its Southfield, Mich., office and a member of the firm's Insolvency and Reorganization Practice Group, where he specializes in representing asset-purchasers, unsecured creditors' committees, debtors, secured and unsecured creditors and trustees in bankruptcy proceedings nationwide. Mr. Hage frequently writes and speaks on bankruptcy issues for the American Bankruptcy Institute, the American Bar Association Business Bankruptcy Committee and the Turnaround Management Association. He currently serves as a Coordinating Editor for the ABI Journal and co-chair of ABI's Unsecured Trade Creditors Committee. Mr. Hage received his Bachelor's degree from James Madison College at Michigan State University, his J.D. from Loyola University Chicago School of Law and his LL.M. in Bankruptcy from St. John's University School of Law.
Michael R. Herz is an associate attorney at Fox Rothschild LLP in Roseland, N.J., where he represents chapter 7 and 11 trustees in estate administration, creditors — including prominent financial institutions and loan servicers — and debtors in all phases of the bankruptcy process, including adversary proceedings and other bankruptcy-related litigation. Mr. Herz has facilitated the administration of millions of dollars in assets and claims and has established a reputation for finding creative solutions for difficult problems. He received his B.A. with high honors from Brandeis University and his J.D. from Brooklyn Law School.
Deborah Kovsky-Apap is a partner with Pepper Hamilton LLP in Detroit, where she focuses her practice on insolvency and out-of-court workouts. She also has substantial litigation and trial experience in the areas of bankruptcy and commercial and securities law. Ms. Kovsky-Apap is a member of the...
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- Understanding Ordinary: Ordinary Course Defenses to Bankruptcy Preference Actions
- 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
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