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· 6/10/2016

United States v. William McBride, Jr.

Citations

  • 826 F.3d 293
  • 2016 FED App. 0136P
  • 2016 U.S. App. LEXIS 10538
  • 2016 WL 3209496

How courts have described this case

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

  • holding that the money’s worth of “meat ■ products” which were never paid for represented the new value for purposes of § 547(c)(4)
  • finding that 64% was too narrow a range and a range capturing 88% of the payments would have been more appropriate
  • finding that a difference in averages of 5 days is not outside the ordinary course
  • finding “the baseline should reflect payment practices that the companies established before the onset of any financial distress associated with the debtor’s impending bankruptcy”
  • “Calculating the baseline payment practice between two companies requires identifying a historical period that reflects the companies’ typical payment practices.”
  • finding the average-lateness method “better compensates for outlier payments during the historical period” and the total-range method “provides a more complete picture of the relationship between the creditor and debtor”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Rogers, Stranch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.