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IN RE C.W. MIN. CO.

BAP No. UT-13-026. Bankruptcy No. 08-20105. Adversary No. 10-02758.

500 B.R. 635 (2013)

In re C.W. MINING COMPANY, Debtor. Kenneth A. Rushton, Trustee, Plaintiff-Appellant, v. SMC Electrical Products, Inc. and Becker Mining America, Inc., Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 5, 2013.

Attorney(s) appearing for the Case

Michael N. Zundel ( Daniel C. Dansie , Idaho Falls, ID, and Callie Buys , Salt Lake City, UT, with him on the brief), of Prince, Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff-Appellant.

Jeffrey L. Shields ( Jacob D. Lyons with him on the brief), of Callister Nebeker & McCullough, Salt Lake City, UT, for Defendants-Appellees.

Before CORNISH, KARLIN, and ROMERO, Bankruptcy Judges.

OPINION

KARLIN, Bankruptcy Judge.

This case poses the question, "how ordinary is ordinary?" The ordinary course of business defense, set out in 11 U.S.C. § 547(c)(2)(A), protects the creditor of a debtor who has filed bankruptcy from an action by a trustee to recover, as a preference, payments made by the debtor prior to bankruptcy as long as the creditor can meet two requirements. First, the creditor must...

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