[DOWNLOAD] "In re Meridith Hoffman Partners" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: In re Meridith Hoffman Partners
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
ANDERSON, Circuit Judge. Balcor Real Estate Finance, Inc. appeals on two grounds from the district court's decision affirming the bankruptcy court's ruling that the trustee in bankruptcy could recover from Balcor preferential payments it received during the year preceding the bankruptcy petition. First, Balcor argues that the payments it received from the debtors, Meridith Hoffman Partners and Meridith Millard Partners, were not avoidable because they were made in the ordinary course of business. See 11 U.S.C. 547(c)(2). Second, Balcor argues that the extended one-year preference period should not apply to the payments it received from the debtors. See id. 547(b)(4)(B). We conclude that the debtors did not make the payments to Balcor ""according to ordinary business terms"" as required by section 547(c)(2)(C), and that the one-year preference period does apply. We therefore affirm the district court on both issues.