Legal Opinion
Still v. Fundsnet, Inc. (In Re Southwest Equipment Rental)
United States Bankruptcy Court, E.D. Tennessee
Decided December 23, 1992No. Bankruptcy No. 1-88-00033, Adv. No. 1-89-0054PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Chief Judge.
The bankruptcy trustee for Southwest Equipment Rental brought this suit against Fundsnet and First Data to recover the amount of alleged preferential payments that they received from Southwest before its bankruptcy. The defendants have filed motions to dismiss. They argue that Southwest’s bankruptcy case must be dismissed for lack of jurisdiction, and since this lawsuit is solely for the benefit of the bankruptcy estate, it must also be dismissed for lack of jurisdiction.
The defendants contend that Southwest’s bankruptcy case must be dismissed because…
2Cases cited20 opinions
- Price v. GurneySupreme Court of the United States · 1945
- Royal Indemnity Co. v. American Bond & Mortgage Co.Supreme Court of the United States · 1933
- In re IvesCourt of Appeals for the Sixth Circuit · 1902
- Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
- Matter of Giggles Restaurant, Inc.United States Bankruptcy Court, D. New Jersey · 1989
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re DrostUnited States Bankruptcy Court, N.D. Indiana · 1998
- In Re E.S. Bankest, L.C.United States Bankruptcy Court, S.D. Florida. · 2005
- In Re GucciUnited States Bankruptcy Court, S.D. New York · 1994
- Matter of Rimsat, Ltd.United States Bankruptcy Court, N.D. Indiana · 1996
- McInnis v. Phillips (In re Phillips)United States Bankruptcy Court, E.D. North Carolina · 2017
6 more not listed; retrieve them via the Exa API.