Legal Opinion

In Re Active Steel Erectors, Inc.

United States Bankruptcy Court, D. Alaska

Decided October 16, 1985No. 11-00337PublishedCited by 8 opinions

1Opinion of the Court

OPINION

J. DOUGLAS WILLIAMS, II, Bankruptcy Judge.

This matter is before the Court on the debtor’s motion pursuant to § 505 1 of the Bankruptcy Code to determine the state unemployment tax rate that is applicable to the debtor. For the reasons hereinafter stated the court finds that the State of Alaska is precluded by the terms of the debtor’s plan and by the Supremacy Clause, Art. VI of the United States Constitution, from assessing and collecting from the debtor the penalty rate provided by AS 23.20.280.

FACTS

On November 22, 1982, Active Steel Erectors, Inc. (“debtor”) filed a Chapter 11…

2Cases cited9 opinions

  1. Perez. v. CampbellSupreme Court of the United States · 1971
  2. Elliott v. BumbCourt of Appeals for the Ninth Circuit · 1966
  3. In Re Anchorage International Inn, Inc.Court of Appeals for the Ninth Circuit · 1983
  4. Ravenna Industries, Inc. v. Ohio Bureau of Workers' Compensation (In Re A.C. Williams Co.)United States Bankruptcy Court, N.D. Ohio · 1985
  5. In Re Petite Auberge Village, Inc.Court of Appeals for the Ninth Circuit · 1981

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Wolverine Radio CompanyCourt of Appeals for the Sixth Circuit · 1991
  2. Michigan Employment Security Commission v. Wolverine Radio Co. (In re Wolverine Radio Co.)Court of Appeals for the Sixth Circuit · 1991
  3. Draggoo Electric Co. v. Indiana Employment Security Division (In Re Draggoo Electric Co.)United States Bankruptcy Court, N.D. Indiana · 1986
  4. unempl.ins.rep. (Cch) P 22,142 in Re Hollytex Carpet Mills, Inc., Debtor. Hollytex Carpet Mills, Inc. v. Oklahoma Employment Security CommissionCourt of Appeals for the Tenth Circuit · 1996
  5. In Re Primrose Bedspread Corp.United States Bankruptcy Court, D. New Jersey · 1986

3 more not listed; retrieve them via the Exa API.

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