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Sacred Heart Hospital of Norristown v. E.B. O'Reilly Servicing Corp. (In Re Sacred Heart Hospital of Norristown)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 5, 1996No. 14-12912PublishedCited by 14 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

The parties have properly confined the remaining issue in this proceeding to whether, in establishing a defense to an action to recover a preferential transfer under 11 U.S.C. § 547(c)(2), the defendant-creditor need prove that the payments were made “according to ordinary business terms” within the creditor’s entire industry, or merely the creditor’s dealings with parties in the debtor’s particular industry. Although the issue is not addressed directly in any of the authorities cited by the parties or known to us, it appears that the proper…

2Cases cited16 opinions

  1. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  2. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  4. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  5. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994

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3Cited by14 opinions

  1. Peltz Ex Rel. USN Communications Liquidating Trust v. Worldnet Corp. (In Re USN Communications, Inc.)United States Bankruptcy Court, D. Delaware · 2002
  2. Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1997
  3. Burtch v. Detroit Forming, Inc. (In Re Archway Cookies)United States Bankruptcy Court, D. Delaware · 2010
  4. Stanziale v. Southern Steel & Supply, L.L.C. (In re Conex Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2014
  5. Camelot Music, Inc. v. MHW Advertising & Public Relations, Inc. (In Re CM Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2000

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