The court defers to Interstate Commerce Commission decision concerning "undercharges" for freight transportation by the debtor, a motor contract carrier. In addition, defendant is exempt from undercharge claims as a "small business concern" under the Negotiated Rates Act of 1993.
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In an extensive discussion of the Negotiated Rates Act of 1993, the court found that the defendant was not liable for the balance of the shipping rates it had been undercharged by debtor. The defendant was exempt as a small business under the Act's terms.
Debtor's assignment of a life insurance policy to the bank was valid, despite defects in the execution of the assignment, and the bankruptcy trustee holding the cash value of the policy for the estate should turn the funds over to the bank
On petition date, debtor's bank account held proceeds of auctions conducted by debtor for customers. Trustee could not claim the proceeds for the estate because they were held by debtor as agent for the owners; they did not become property of the debtor
Trustee could not recover an alleged preference because the debtor (an auction company) and its customer had a principal-agent relationship. The auction proceeds were held by the debtor as agent for the owner; they did not become property of the debtor
The court defers to the decision of the Interstate Commerce Commission concerning 30 instances of "undercharges" for interstate freight transportation by the debtor, a motor contract carrier, at rates less than the debtor's filed shipping rates
The court defers to the decision of the Interstate Commerce Commission concerning "undercharges" for freight transportation by the debtor, a motor contract carrier, at rates less than its filed shipping rates
A mortgage lien secured by three tracts of land cannot be avoided, even if the claim is undersecured. The Dewsnup v. Timm line of cases does not require a creditor to give up any part of a lien that serves as security for its allowed secured claim
A mortgage lien secured by three tracts of land cannot be avoided, even if the claim is undersecured. The Dewsnup v. Timm line of cases does not require a creditor to give up any part of a lien that serves as security for its allowed secured claim
Chapter 12 creditor's motion to sequester rents and profits was denied because the creditor did not have a perfected security interest in crops or crop proceeds under the UCC or under Neb. Rev. Stat. sections 52-1701 throught -1708