Delaware ordinary course of business defense

Introduction

Earlier this week, RG Steel Sparrows Point, LLC (“RG Steel”), began filing complaints to avoid and recover what it contends are preferential transfers under sections 547 and 548 of the United States Bankruptcy Code.  For those not familiar with this bankruptcy proceeding, RG Steel originally filed chapter 11 petitions for bankruptcy in the Delaware

Introduction

Earlier this month, JH Cohn, LLP (“Cohn” or “Plaintiff”) began filing preference complaints against various defendants in the Orleans Homebuilders (“Orleans”) bankruptcy proceeding.  For those not familiar with the Orleans bankruptcy proceeding, Cohn was appointed as the “unsecured creditor agent” pursuant to order confirming Orleans’ Modified Second Amended Joint Plan of Reorganization (the “Plan”).