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Table of Contents
Jurisdiction | United States |
Table of Contents
Chapter 1 Introduction to Preference Analyses and the Ordinary Course of Business Defense....................................................................................1
Creditor Defenses to Preference Claims.........................................2
Ordinary Between the Parties: Subjective Test................................4
Ordinary in the Industry: Objective Test........................................4
Factors Often Considered by the Courts........................................5
Who This Book Is For.................................................................6
Overview of Topics Covered in the Book.......................................7
Chapter 2 Background: The Bankruptcy Code and the Ordinary Course of Business Defense....................................................................................9
What Is a "Transfer"?................................................................10
When Does a Transfer Occur?....................................................11
Defenses to Preference Claims Under § 547(c)..............................14
Creditor Approaches to Defending Preference Claims...................18
Introduction to the Ordinary Course Defense..............................19
Introduction to the Subsequent New Value Defense......................25
Summary................................................................................. 26
Chapter 3 The Role of Accounting Systems in the Ordinary Course.................31
General Statistics......................................................................33
Processes and Documents.......................................................... 34
Terms of Credit ........................................................................ 41
Collection Activity.................................................................... 42
Standard Processes & Procedures...............................................42
Summary ................................................................................ 44
Chapter 4 The Data-Gathering Process and Assessing "Reasonably Certain"..............................................................................55
Establishing the Time Period for Analysis....................................55
Extracting Information from Accounting Platforms......................60
Common Concerns or Questions Pertaining to Data Extractions ....62
Assessing the Integrity of the Data to Be Relied Upon....................64
The Reasonable Certainty...
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Request your trial- American Bankruptcy Institute
- 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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