Legal Opinion

Pulaski Highway Express, Inc. v. Central States Southeast & Southwest Areas Health & Welfare & Pension Funds (In Re Pulaski Highway Express, Inc.)

United States Bankruptcy Court, M.D. Tennessee

Decided July 23, 1984No. Bankruptcy No. 382-00465, Adv. No. 382-0854PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The debtor-in-possession claims that the debtor’s eve-of-bankruptcy payments on a judgment for arrearages to its employees’ pension plan are recoverable preferences under 11 U.S.C.A. § 547 (West 1979). The issues are: (1) whether the post-confirmation debtor is the proper party to prosecute this action; (2) whether the referral of this proceeding from the district court to the bankruptcy court under the “Interim Emergency Local Rule” was proper and constitutional; (3) whether a pre-bankruptcy agreed order between the debtor and defendant in the…

2Cases cited40 opinions

  1. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  2. United States v. TurketteSupreme Court of the United States · 1981
  3. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  4. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
  5. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974

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3Cited by12 opinions

  1. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  2. In Re United States Lines, Inc.United States Bankruptcy Court, S.D. New York · 1989
  3. In Re Pulaski Highway Express, Inc.United States Bankruptcy Court, M.D. Tennessee · 1986
  4. Levit v. Ingersoll Rand Financial Corp. (In Re V.N. Deprizio Construction Co.)District Court, N.D. Illinois · 1988
  5. In Re Daily Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

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