Legal Opinion
Jones Truck Lines, Inc. v. Central States, Southeast & Southwest Areas Pension Fund
Court of Appeals for the Eighth Circuit
Decided November 25, 1997No. 96-3224, 96-3305PublishedCited by 42 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
The Bankruptcy Code allows the trustee in bankruptcy to enhance a debtor’s estate by “avoiding” pre-bankruptcy transfers of the debtor’s property that conferred an unfair preference on one creditor. Though the concept is quite simple, it is difficult to implement, and the end result is a lengthy, complex statute, 11 U.S.C. § 547. In this case, Jones Truck Lines (“Jones”) filed a Chapter 11 liquidating bankruptcy petition and sued to recover as preferential payments nearly $6 million in employee benefit contributions made during the ninety days prior to bankruptcy. After a…
2Cases cited28 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
- Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
- Schneider Moving & Storage Co. v. RobbinsSupreme Court of the United States · 1984
23 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re: Jones Truck Lines, Inc.Court of Appeals for the Eighth Circuit · 1998
- Kaye v. Blue Bell Creameries, Inc. (In Re BFW Liquidation, LLC)Court of Appeals for the Eleventh Circuit · 2018
- In Re Pameco Corp.United States Bankruptcy Court, S.D. New York · 2006
- Official Committee of Unsecured Creditors of Enron Corp. Ex Rel. Enron Corp. v. WhalenUnited States Bankruptcy Court, S.D. New York · 2006
- Stewart v. Barry County Livestock Auction, Inc. (In Re Stewart)United States Bankruptcy Court, W.D. Arkansas · 2002
37 more not listed; retrieve them via the Exa API.