· 3/11/1994
In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.
Citations
- 18 F.3d 217
- 30 Collier Bankr. Cas. 2d 1289
- 1994 U.S. App. LEXIS 4372
- 25 Bankr. Ct. Dec. (CRR) 558
- 1994 WL 72656
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defendant had not presented sufficient evidence to show the transaction was objectively ordinary
- discussing how to interpret “ordinary business terms” to give it □ meaning separate from what was required by other parts of the ordinary course of business defense
- Fiber Lite, the transferee in Molded Acoustical, bore burden of proof therein on what constituted relevant industry standard
- “the preference rule is formulated to induce creditors to continue dealing with a distressed debtor so as to kindle its chances of survival”
- where the lower court concluded that a payment history of twenty one months prior to a preference period was sufficient to establish an ordinary course of business
- court looked “at the range of terms on which firms comparable to Fiber Lite [ (ie., the transferee)] on some level provide credit to firms comparable to the debtor on some level”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Nygaard, Alito
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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