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· 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

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Sourced from CourtListener / Free Law Project (CC0).

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