'Ordinary Course Of Business,' Extraordinary Times

Law360, New York (February 19, 2009, 12:00 AM EST) -- Most of the changes to the Bankruptcy Code brought about by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) apply exclusively or primarily in consumer bankruptcy cases.

Among the relatively few substantive amendments impacting business bankruptcy cases were several changes to section 547 of the Bankruptcy Code dealing with preferences.

Of those changes, the one that was expected to have the biggest impact was the change to the ordinary course of business defense (“OCB Defense”) of 11 U.S.C. § 547(c)(2).

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