Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury Trucking

FRIEDMAN, Senior Circuit Judge.

The principal issue in this case, here on appeal from the United States District Court for the District of Minnesota (Murphy, J.), is whether certain payments a bankrupt company made to the appellant within 90 days of the filing of the bankruptcy petition were made in the ordinary course of business and therefore did not constitute a preference recoverable by the trustee in bankruptcy under the Bankruptcy Code, 11 U.S.C. § 547 (1988). The bankruptcy court held that the payments were not made in the ordinary course of business, and the district court affirmed. We…