IN RE PULASKI HIGHWAY EXP., INC.

Bankruptcy No. 382-00465, Adv. No. 382-0854.

41 B.R. 305 (1984)

In re PULASKI HIGHWAY EXPRESS, INC., Debtor. PULASKI HIGHWAY EXPRESS, INC., Plaintiff, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE AND PENSION FUNDS, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

July 23, 1984.


Attorney(s) appearing for the Case

Ruth Kinnard, M. Edward Owens, Jr., Chambers, Wyckoff & Beckner, Nashville, Tenn., for debtor.

C. Dewey Branstetter, Jr., R. Jan Jennings, Branstetter, Kilgore & Stranch, Nashville, Tenn., for defendant.


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...

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