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MATTER OF B & W ENTERPRISES, INC.

No. 82-3517.

713 F.2d 534 (1983)

In the Matter of: B & W ENTERPRISES, INC., Debtor. In the Matter of: SHOEMAKER TRUCKING CO., INC., Debtor. B & W ENTERPRISES, INC. and Shoemaker Trucking Company, Inc., Plaintiffs, and Loren Wetzel, Trustee, Substituted Plaintiff-Appellee, v. GOODMAN OIL COMPANY; Interstate Mack; Trebar, Inc., (formerly known as Boise Kenworth Sales, Inc.); Mountain Bell Telephone, Inc.; Usatab; Cummins Intermountain Idaho; Bowen Oil Co.; American Express; Global Travel; Krueger's Auto Truck Stop; Idaho Bank and Trust Co.; Caldwell Basque Charity; Idaho Power Co.; Utility Equipment Co.; Time Automotive Distributors; Ore-Ida Foods, Inc.; and Olancha Truck Stop, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Jim D. Pappas, Pocatello, Idaho, for plaintiff-appellee.

David G. Ballard, D. Blair Clark, Boise, Idaho, for defendants-appellants.

Before HUG, POOLE, and NORRIS, Circuit Judges.

POOLE, Circuit Judge:

This appeal involves the applicability of two equitable rules, known as the Six Months Rule and the Necessity of Payment Rule, in determining the avoidability of certain payments made to creditors after a bankruptcy petition was filed. The creditors1 seek to extend these equitable rules to non-railroad reorganizations. After an examination of the development of the rules and the Bankruptcy Code, 11 U.S.C. § 101...

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