2007 NORTON BANKRUPTCY LAW SEMINAR MATERIALS
ADVANCED ISSUES IN AVOIDANCE
By Hon. William H. Brown, Dennis J. Connolly, David A. Lander, Timothy M. Lupinacci
Rockwood Water, Wastewater & natural Gas Sys. (In re Tenn. Valley Steel Corp.), 201 B.R. 927, 933 (Bankr. E.D. Tenn. 1996).
-
*
-
A "certified public accountant with experience in researching, collecting, and analyzing financial data." Ellenberg v. Tulip Prod. Polymerics, Inc. (In re T.B. Home Sewing Enters, Inc.), 173 B.R. 782, 789 (Bankr. N.D. Ga. 1993).
-
*
-
An "expert in some aspects of the cotton industry who was employed to advise and assist the Trustee." Marlow v. Fed. Compress & Warehouse Co. (In re Julien Co.), 157 B.R. 834, 845 (Bankr. W.D. Tenn. 1993).
-
*
-
A "certified public accountant and [the defendant's] chief financial officer for fifteen years . . . ." In addition, the defendant offered expert testimony from the "vice president of Stahel America, a cotton merchant, and Mr. John Shoaf, the owner and operator of Milan Compress Company . . . [and] Mr. Jack Robison, a consultant to Falconwood, a cotton merchant financier, and a former manager of the commodities division of First Tennessee Bank. . . ." Id. at 835, 845.
-
*
-
Testimony of "former member of the American Petroleum Credit Association with thirty-four (34) years of experience in both the credit and sales and oil and gas sales industries." Scroggins v. BP Exploration & Oil, Inc. (In re Brown Transport Truckload, Inc.), 161 B.R. 735, 741 (Bankr. N.D. Ga. 1993).
-
*
-
Testimony of two "expert[s] on credit terms in the steel industry." In re Valley Steel Corp., 182 B.R. at 720.
d. Evidence Insufficient to Prove Industry Standards.
Numerous cases discuss futile attempts by defendants to prove objective ordinariness. Defendants have failed to prevail under section 547(c)(2)(C) with the following evidence: