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The ‘Ordinary Course’ Defense Is Satisfied by Showing One of the Two Tests, Not Both

Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.

Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
Court: 

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