Legal Opinion

American Freight System, Inc. v. Powell (In Re American Freight System, Inc.)

District Court, D. Kansas

Decided December 17, 1996No. 95-4069-SAC, Bankruptcy Nos. 88-41050-11, 88-41265-11, Adv. Nos. 93-7179, 94-7023PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, Senior District Judge.

In this bankruptcy case, Norman R. Powell appeals the adverse rulings of the bankruptcy court. Those rulings essentially preclude Powell from asserting a multi-million dollar claim against his former employer, American Freight System (AFS). A factual background is necessary to understand the issues presented by this appeal, an appeal which explores the labyrinth created by the interrelationship of the bankruptcy code to AFS’s reorganization plan. 1

Overview

American Freight System was a motor common carrier subject to the jurisdiction of the…

2Cases cited45 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Stoll v. GottliebSupreme Court of the United States · 1938
  4. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  5. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987

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3Cited by3 opinions

  1. American Freight System, Inc. v. PowellDistrict Court, D. Kansas · 1997
  2. American Freight System, Inc. v. Powell (In Re American Freight System, Inc.)District Court, D. Kansas · 1998
  3. In Re Greater American Land Resources, Inc.United States Bankruptcy Court, D. New Jersey · 2011

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