Some of the most-discussed changes made by Congress under the 2005 bankruptcy act are the seemingly small, but significant, changes to the "ordinary course of business" defense concerning the avoidability of preferential transfers. Now, a bankruptcy court has addressed the issue, finding that equal weight must be given to the "subjective" pre-petition conduct of the parties and the "objective" general industry standards to determine whether a transfer was made in the "ordinary course of business."
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