IN RE KELLY'S CHOCOLATES, INC.

Bankruptcy No. 97-15094 K. Adversary Nos. 99-1032 K to 99-1036 K.

268 B.R. 345 (2001)

In re KELLY'S CHOCOLATES, INC., Debtor. William E. Lawson, Trustee, Plaintiff, v. Corrao Family LLC, Ernest Corrao and Mary Jo Corrao, T. Luanne Pisani, Thomas J. Corrao, David Berger and Michele Berger, Defendants.

United States Bankruptcy Court, W.D. New York.

September 28, 2001.


Attorney(s) appearing for the Case

William E. Lawson, Buffalo, NY, trustee.

Daniel F. Brown, Damon & Morey, Buffalo, NY, for defendants.


MICHAEL J. KAPLAN, Bankruptcy Judge.

The "ordinary course of business" defense (11 U.S.C. § 547(c)(2)) that defeats a trustee's effort to avoid a preferential transfer under 11 U.S.C. § 547 usually involves multiple transactions between a debtor and a supplier of goods or services on credit to debtor. Typically one encounters a number of purchase orders issuing from a debtor to a trade supplier, a succession of goods or services delivered on credit by the...

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