DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131721P.pdf 04/10/2014 Richard L. Cox v. Momar Incorporated
U.S. Court of Appeals Case No: 13-1721
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Loken, Author, with Wollman and Kelly, Circuit Judges]
Civil case - Bankruptcy. District courts and parties in future
preferential transfer cases are cautioned that the Seventh Amendment right
to trial by jury must be respected and therefore, unless a proper demand
for jury trial has been waived, the normal rules limiting the grant of
summary judgment apply - see In Re Healthcentral.com, 504 F.3d 775 (9th
Cir. 2007); given the payment history between the parties, the district
court did not clearly err in finding that the preferential transfer at
issue, a payment made to a regular supplier within the time frame normally
seen for such payments, was made in the "ordinary course of business"
between debtor and the transferee.