Union Bank v. Wolas

502 U.S. 151 (1991)

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Nature of the Case

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Facts

ZZZZ Best Co., Inc. (Debtor), borrowed $7 million from D. About 6 months later, Debtor the filed a voluntary petition under Chapter 7 of the Bankruptcy Code. During the preceding 90-day period, the Debtor had made two interest payments totaling approximately $100,000 and had paid a loan commitment fee of about $2,500 to D. Wolas (P) was appointed trustee. P filed a complaint against to recover those payments pursuant to § 547(b). The Court found that the loans had been made 'in the ordinary course of business or financial affairs.' The district court agreed. In another case, the Court of Appeals held that the ordinary course of business exception to avoidance of preferential transfers was not available to long-term creditors. The Sixth Circuit had interpreted § 547(c)(2) in a contrary manner. The Supreme granted certiorari.