United States Ninth Circuit

Summary judgment in favor of the responsible individual for a group of consolidated debtors avoiding several payments made to appellant-creditor is affirmed in part and reversed in part as: 1) the bankruptcy court correctly found that certain payments at issue were preferences; but 2) contrary to the findings below, for purposes of the affirmative ordinary course of business defense, appellant at least raised a triable issue of fact as to whether the payments were made in the ordinary course of business of the debtor and the transferee, and were made according to ordinary business terms pursuant to sections 547(c)(2)(B) and 547(c)(2)(C).

Appellate Information

• Argued 10/19/2006
• Decided 09/21/2007
• Published 09/21/2007

Judges

• BRUNETTI, Circuit Judge:, Before:  MELVIN BRUNETTI, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Iain Macdonald, Macdonald & Associates, San Francisco, CA, for the appellant.


• For Appellees:
  
• Tobias Keller, Pachulski, Stang, Ziehl, Young, Jones & Weintraub PC, San Francisco, CA, for the appellee.