Legal Opinion

McCuskey v. Central Trailer Services, Ltd.

Court of Appeals for the Eighth Circuit

Decided October 13, 1994No. Nos. 93-4121, 93-4123, 93-4124, 93-4128 and 93-4131PublishedCited by 16 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

The defendants, creditors of Rose Way, Inc., appeal the district court’s order reversing the bankruptcy court’s dismissal of preferential transfer actions brought under 11 U.S.C. § 547 by Thomas G. McCuskey as trustee of Rose Way, Inc.’s chapter 7 bank*1330ruptcy estate. The bankruptcy court found that the preference actions were barred by the two-year statute of limitation contained in 11 U.S.C. § 546(a)(1), which began to run while Rose Way was in chapter 11 bankruptcy and which expired shortly after Rose Way’s case was converted to chapter 7. The district court reversed,…

2Cases cited23 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. United States v. Cooper Corp.Supreme Court of the United States · 1941
  4. Anderson v. YungkauSupreme Court of the United States · 1947
  5. In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987

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3Cited by16 opinions

  1. In Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Vincent Boryla, Also Known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan Eagle Trace Employee Pension Plan, and Vincent Boryla, Also Known as V.J. Boryla, Individually Robert G. Joseph, in Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Freda Vizcarra, Erroneously Sued as Fernando or F. VizcarraCourt of Appeals for the Tenth Circuit · 1996
  2. Lee v. National Home Centers, Inc. (In Re Bodenstein)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. Lindquist v. FMB-First Michigan Bank (In Re Dryland Marina, Inc.)United States Bankruptcy Court, W.D. Michigan · 1995
  4. Feltman v. General Motors Acceptance Corp. (In Re TUSA Florida, Inc.)United States Bankruptcy Court, S.D. Florida. · 1995
  5. Sentell v. RPM Management Company, Inc.District Court, E.D. Arkansas · 2009

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