Central States, Southeast & Southwest Areas Pension Fund v. J. T. Gerken Trucking, Inc. (In Re J. T. Gerken Trucking, Inc.)

MEMORANDUM AND ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter came on to be heard upon Plaintiff’s Motion for Preliminary Injunction. Plaintiff seeks to enjoin the Defendant Gerken from selling, leasing or transferring any of its assets or property, and from making any payments under the Defendant’s confirmed plan of arrangement to any class of creditor therein until its post confirmation claim is first satisfied. Defendant objected to the Court’s jurisdiction over Plaintiff’s motion and complaint.

FACTS

Some background is essential before reviewing the evidence presented at the…