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Average Lateness Methodology

Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article explains the those decisions.

15 minute read February 28, 2015 at 11:00 PM
By
Edward E. Neiger and Marianna Udem
Average Lateness Methodology

Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, Quebecor World Litigation Trust v. Clarklift-West, Inc. dba Clarklift Team Power (In re Quebecor World (USA), Inc.), 2014 WL 5292981 (Bankr.

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