IN RE GLOBE MANUFACTURING CORP.

No. 08-11098.

567 F.3d 1291 (2009)

In Re: GLOBE MANUFACTURING CORP., d.b.a. Globe Elastics Co., Inc., Debtor. Carrier Corporation, Plaintiff-Appellant-Cross-Appellee, v. Dennis J. Buckley, Litigation Trustee, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 11, 2009.


Attorney(s) appearing for the Case

R. Scott Williams, Haskell, Slaughter, Young & Johnston, P.A., Birmingham, AL, for Carrier Corp.

Larry D. Henin, Edwards, Angell, Palmer & Dodge, LLP, Stanley A. Bowker, Anderson, Kill & Olick, P.C., New York City, for Buckley.

Before MARCUS, ANDERSON and CUDAHY, Circuit Judges.


CUDAHY, Circuit Judge:

Section 547(b) of the Bankruptcy Code 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.

In the present case, the bankruptcy trustee for Globe Holding and its subsidiary Globe Manufacturing (which we will refer to collectively as Globe), brought an action to recover payments made by Globe...

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