UNION BANK v. WOLAS

No. 90-1491.

502 U.S. 151 (1991)

UNION BANK v. WOLAS, chapter 7 trustee for the ESTATE OF ZZZZ BEST CO., INC.

United States Supreme Court.

Decided December 11, 1991.


Attorney(s) appearing for the Case

John A. Graham argued the cause for petitioner. With him on the briefs were Lesley Anne Hawes, Donald Robert Meyer, and Stephen Howard Weiss.

Herbert Wolas, pro se, argued the cause for respondent. With him on the brief was Terry A. Ickowicz.*

Stevens, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, p. 163.


Justice Stevens, delivered the opinion of the Court.

Section 547(b) of the Bankruptcy Code, 11 U. S. C. § 547(b), authorizes a trustee to avoid certain property transfers made by a debtor within 90 days before bankruptcy. The Code makes an exception, however, for transfers made in the ordinary course of business, § 547(c)(2). The question presented is whether payments on long-term debt may qualify for that exception.

On December 17, 1986, ZZZZ Best...

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