Understanding Ordinary provides practitioners and others exposed to bankruptcy preference matters with an overview of bankruptcy preference basics, as well as a detailed discussion of the ordinary course of business defense – both between parties and within industries.
Readers will gain a deeper understanding of bankruptcy preferences and be better equipped to:
- Ask relevant and reasoned questions regarding preference analyses
- Request information that will be most helpful in analyzing potential preferences
- Understand common issues in analyzing payment data – both by the parties and industry research sources
- Employ a common-sense perspective and play “devil’s advocate” in analyzing preference payments
- Confirm the assumptions and premises of the analyses are consistent with the legal arguments of cases
Nearly every chapter includes a legal note written by an expert in the field, and the book is replete with charts that help illustrate many of the book’s concepts. In addition to updates on relevant cases and data sources, this edition also includes a new chapter discussing the considerations and calculations associated with “new value” and its intersection with preference analysis.