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pay a pre-existing debt.)
Universal Serv. Admin. Co. v. Post-Confirmation Comm. of Unsecured Creditors of Incomnet Commc'ns Corp. (In re Incomnet, Inc.), 463 F.3d 1064 (9th Cir. Sept. 20, 2006) (The Universal Service Administrative Company is a transferee under §§ 547 and 550. The Company is a non-profit corporation that collects, pools and disburses universal service support funds contributed by telecommunications carriers pursuant to the Telecommunications Act of 1996. During the preference period, debtor paid such funds to the Company as required by law. The Company argued it was not a transferee and, thus, not liable for preferences because it is regulated by the Federal Communications Commission ("FCC") and was legally obligated to hold and distribute the funds so that telecommunications services will be universally available. Although the law limits the ways in which the Company may use the funds, the Company nonetheless had legal title to the funds and some discretion as to their use. The Company was not the agent of the FCC, nor the agent of the telecommunications carriers who provide services to the beneficiaries of the Telecommunications Act of 1996. Accordingly, the Company is a transferee.)
In re Pony Express Delivery Services, Inc., 440 F.3d 1296 (11th Cir. Feb. 27, 2006) (Wire transfer which replaced funds insurance broker had advanced to debtor two weeks prior to wire did not constitute preferential transfer pursuant to § 547. Pursuant to "control" test, broker was not initial transferee, because the funds were wired to a trust account over which the broker had no control, and the parties' intention was that the wire pay for the debtor's insurance policy.)
Bryant v. JCOR Mech., Inc. (In re Electron Corp.), 336 B.R. 809 (10th Cir. Jan. 10, 2006) (Payment to builder could not be avoided as a preference. Builder's state law materialman's lien fixed when the builder provided goods and services, but was not perfected because the builder accepted the alleged preferential payment. Assuming the transfer had not been made, as required by § 547(b)(5)(B), the lien would have been perfected, so the payment did not allow the builder to receive more than it would have in a case under Chapter 7.)
Wood v. Stratos Prod. Dev., LLC (In re Ahaza Sys., Inc.), 482 F.3d 1118 (9th Cir. Apr. 3, 2007) (A debt may be incurred within the "ordinary course of business" under § 547(c)(2) even if the debt is the first such agreement between the debtor and creditor and even if the debt was restructured. Creditor agreed to develop products for debtor, but the relationship soured. The parties entered into a settlement agreement after creditor threatened to sue debtor. Debtor made timely payments under the settlement agreement until filing a Chapter 7 petition pre-BAPCPA. Creditor argued that the payments were subject to the ordinary course of business defense. A first-time debt between a debtor and creditor may qualify as a "debt incurred in the ordinary course of business" if the debt is ordinary in relation to the specific debtor's and creditor's past practices when
