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Union Bank v. Wolas

United States Supreme Court

502 U.S. 151 (1991)

Relevant factsFree

Within 90 days before its bankruptcy filing, Z Best transferred interest payments and a loan commitment fee on a long-term revolving credit note to Union Bank (defendant); the bankruptcy trustee (plaintiff) sought to avoid those payments as preferential transfers, and while the bankruptcy court and district court found the payments protected under the ordinary course of business exception, the Ninth Circuit reversed based on its rule limiting that exception to short-term debt.

IssueFree

Whether payments on long-term debt may qualify for the ordinary course of business exception to voidable preferences under 11 U.S.C. Section 547(c)(2).

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