Legal Opinion
In Re Pulaski Highway Express, Inc.
United States Bankruptcy Court, M.D. Tennessee
Decided January 9, 1986No. Bankruptcy 382-00465PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue presented is whether a mul-tiemployer pension plan’s withdrawal liability claim is entitled to administrative expense priority. On peculiar facts and for the reasons stated below, the withdrawal liability claim must be apportioned between pre- and post-petition liability. The post-petition portion of the claim, when ultimately fixed in amount, may be entitled to administrative expense priority, in whole or in part.
The following constitute findings of fact and conclusions of law. Bankruptcy Rule 7052. This is a core proceeding. 28 U.S.C. §…
2Cases cited25 opinions
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Costello v. United StatesSupreme Court of the United States · 1961
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
20 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Teamsters Joint Council No. 83 v. Centra, Inc.Court of Appeals for the Fourth Circuit · 1991
- Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
- In Re: Jones Truck Lines, Inc.Court of Appeals for the Eighth Circuit · 1998
- Jones Truck Lines, Inc. v. Central States, Southeast & Southwest Areas Pension FundCourt of Appeals for the Eighth Circuit · 1997
- Pension Benefit Guaranty Corp. v. LTV Corp. (In Re Chateaugay Corp.)District Court, S.D. New York · 1988
29 more not listed; retrieve them via the Exa API.