Legal Opinion
Montgomery Ward, LLC v. OTC International, Ltd. (In Re Montgomery Ward, LLC)
United States Bankruptcy Court, D. Delaware
Decided September 12, 2006No. 19-10470PublishedCited by 7 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge. 1
Plaintiff sues to avoid preferential payments made within 90 days prior to the filing of bankruptcy on December 28, 2000. The Defendant maintains that all payments were made in the ordinary course and, therefore, not avoidable under 11 U.S.C. § 547(c)(2). Plaintiff responds that a reduction in payment terms from 60 days to 30 days just prior to the preference period prevents the payments from being ordinary.
Because: (1) Montgomery Ward continued its practice of weekly payments of vendor invoices by due date; (2) Change in terms was ordinary between…
2Cases cited14 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
- In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
- United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
- Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- TSIC Inc. v. Thalheimer (In Re TSIC, Inc.)United States Bankruptcy Court, D. Delaware · 2010
- Wahoski v. Classic Packaging Co. (In Re Pillowtex Corp.)United States Bankruptcy Court, D. Delaware · 2010
- In re Stone & Webster, Inc.United States Bankruptcy Court, D. Delaware · 2016
- CHRISTOPHER F. GRAHAM, as Plan Administrator of th v. 135 WAVERLY REALTY, LLCUnited States Bankruptcy Court, S.D. New York · 2021
- CHRISTOPHER F. GRAHAM, as Plan Administrator of th v. SerafisUnited States Bankruptcy Court, S.D. New York · 2021
2 more not listed; retrieve them via the Exa API.