In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• emphasizing that in order to assert the ordinary course of business defense, the creditor bears the burden of proving each of the three elements outlined in the statute
• finding that \the behavior of the parties cannot be sufficient in and of itself to sustain the creditor's burden of proof with respect to ordinary business terms in the industry\
• noting that, although book values “are, in some circumstances, competent evidence from which inferences about a debtor’s insolvency may be drawn,” such values “are not ordinarily an accurate reflection of the market value of an asset”
• opining that appraisal is the better approach to determine fair valuation
• stating that if possible, insolvency determinations should be based on seasonable appraisals or expert testimony, but that “[b]ecause the value of property varies with time and circumstances, the finder of fact must be free to arrive at the ‘fair valuation’ defined in § 101[(32
• stating, in a case involving the valuation of a business at the time of a preferential transfer, that a determination of insolvency under the Bankruptcy Code should be based on expert testimony \whenever possible\

Source: CourtListener parenthetical corpus (CC0).