Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense
District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.
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Views from the Bench
Why Not Chapter 15?
Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
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All Things Ethics
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Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
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