· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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