IN RE JULIEN CO.

Bankruptcy No. 90-20283-B(mjn), Adv. No. 92-0044.

157 B.R. 834 (1993)

In re The JULIEN COMPANY, Debtor. Jack F. MARLOW, Trustee for The Julien Company, Plaintiff, v. FEDERAL COMPRESS & WAREHOUSE COMPANY, INC., Defendant.

United States Bankruptcy Court, W.D. Tennessee, W.D.

August 19, 1993.


Attorney(s) appearing for the Case

David J. Cocke, Borod & Kramer, Memphis, TN, for Jack F. Marlow, trustee.

Donald E. Bourland, John J. Heflin, III, Rickey, Bourland, Heflin & Alvarez, Memphis, TN, for Federal Compress & Warehouse Co., Inc.


MEMORANDUM OPINION AND ORDER ON SECTION 547(c)(2) DEFENSE

WILLIAM H. BROWN, Bankruptcy Judge.

This adversary proceeding is before the Court after trial on the defense that allegedly preferential transfers are excepted from avoidance and recovery pursuant to the "ordinary course of business" exception found at 11 U.S.C. § 547(c)(2). Specifically, the trial focused on whether the transfers meet the requirements of § 547(c)(2)(B) and (C), as the parties...

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