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Table of Contents
Jurisdiction | United States |
Table of Contents
Chapter 1: Introduction.......................................................1
Venue........................................................................3
Trustee's Burden of Proof..........................................3
Defenses to Preference Actions..................................6
Chapter 2: General Observations........................................11
Chapter 3: The "Ordinary Course of Business" Defense Under § 547(c)(2).................................................15
The Statute...............................................................16
First Circuit.............................................................17
Second Circuit.........................................................19
Third Circuit............................................................20
Fourth Circuit..........................................................24
Fifth Circuit.............................................................25
Sixth Circuit............................................................29
Seventh Circuit........................................................34
Eighth Circuit..........................................................40
Ninth Circuit...........................................................45
Tenth Circuit...........................................................49
Eleventh Circuit.......................................................51
D.C. Circuit............................................................55
Ponzi Schemes..........................................................55
Chapter 4: Contemporaneous Exchange.............................57
The Statute...............................................................58
First Circuit.............................................................58
Second Circuit.........................................................60
Third Circuit............................................................65
Fourth Circuit..........................................................71
Fifth Circuit.............................................................74
Sixth Circuit............................................................77
Seventh Circuit........................................................79
Eighth Circuit..........................................................83
Ninth Circuit...........................................................89
Tenth Circuit...........................................................95
Eleventh Circuit..........................
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- Preference Defense Handbook: The Circuits Compared
- Front Matter
- About the Authors
- Acknowledgments
- Table of Contents
- Chapter 1 INTRODUCTION
- Chapter 2 GENERAL OBSERVATIONS
- Chapter 3 THE "ORDINARY COURSE OF BUSINESS" DEFENSE UNDER § 547(c)(2)
- Chapter 4 CONTEMPORANEOUS EXCHANGE
- Chapter 5 NEW VALUE
- Chapter 6 NON-STATUTORY DEFENSES
- Appendix I ORDINARY COURSE CIRCUIT COMPARISON
- Appendix II NEW VALUE CIRCUIT COMPARISON
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