Law360, New York (August 19, 2015, 4:15 PM EDT) -- A "first-time transaction can qualify" for the ordinary course of business exception to the preference recovery provision of the Bankruptcy Code, held the U.S. Court of Appeals for the Tenth Circuit on Aug. 10, 2015. In re C.W. Mining Co., 2015 U.S. App. Lexis 13981 (10th Cir. Aug. 10, 2015). Affirming the lower courts, the Tenth Circuit explained that Bankruptcy Code Section 547(c)(2)(A) "refers to the 'ordinary course of business ... of the debtor and the transferee,' not between the debtor and the transferee." Id. at *10 (emphasis in original). Agreeing with the Seventh Circuit, the court reasoned that preventing a potential creditor from relying on the ordinary course of business defense "would discourage [it] from extending credit to a new customer in questionable financial circumstances." Id. at *1, quoting Kleven v. Household Bank F.S.B., 334 F.3d 638, 643 (7th Cir. 2003)....