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Hoarty v. Bennett Transportation (In re Best Refrigerated Express, Inc.)

132 B.R. 420 (Bankr. D. Neb. 1991)
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Hoarty v. Bennett Transportation (In re Best Refrigerated Express, Inc.)

4 Citing cases

  1. In re American Freight System, Inc.

    164 B.R. 341 (D. Kan. 1994)   Cited 34 times
    Agreeing with FRG

    The courts have split on the issue of whether a proceeding to collect undercharges from a shipper is core or non-core under 28 U.S.C. § 157. Compare In re Best Refrigerated Express, Inc., 132 B.R. 420 (Bankr.D.Neb. 1991) (core); In re Total Transportation, Inc., 87 B.R. 568 (D.Minn. 1988) (same); In re Chateaugay Corp., 78 B.R. 713 (Bankr.S.D.N.Y. 1987) (same); In re Gordons Transports, Inc., 51 B.R. 633 (Bankr.W.D.Tenn. 1985) (same) with In re Olympia Holding Corp., 148 B.R. 56 (Bankr.M.D.Fla. 1992) (non-core); In re Oneida Motor Freight, Inc., 86 B.R. 344 (Bankr.D.N.J. 1987) (same); In re Tobler Transfer, Inc., 74 B.R. 373 (Bankr.C.D.Ill. 1987) (same); In re Maislin Industries, U.S., Inc., 50 B.R. 943 (Bankr.E.D.Mich.

  2. In re Apex Express Corp.

    190 F.3d 624 (4th Cir. 1999)   Cited 358 times
    Holding debtor's pre-petition based contract claim against party who had not filed a proof of claim with the bankruptcy court was a non-core proceeding

    These courts view the § 542(b) rights of trustees to pursue mature debts to be "a traditional type of proceeding which is at the core of a bankruptcy." In re Best Refrigerated Express, Inc., 132 B.R. 420, 421 (Bankr. D. Neb. 1991). We think the better approach is that such claims, at least when grounded in state law and arising pre-petition, must be treated as noncore. A majority of courts have taken this approach.

  3. Goldsmith v. Macri Assocs., Inc. (In re E & G Waterworks, LLC)

    571 B.R. 500 (Bankr. D. Mass. 2017)   Cited 1 times

    See also Smith v. McLeskey (In re Bay Vista of Virginia, Inc.), 394 B.R. 820, 836–37 (Bankr. E.D. Va 2008) ; Commercial Financial Services, Inc. v. Jones (In re Commercial Financial Services, Inc.), 251 B.R. 397, 410 (Bankr. N.D. Okla. 2000) ; Hoarty v. Bennett Transportation (In re Best Refrigerated Express, Inc.), 132 B.R. 420, 421 (Bankr. D. Neb. 1991) ; Allegheny, Inc. v. Laniado Wholesale Co. (In re Allegheny, Inc.), 68 B.R. 183, 190 (Bankr. W.D. Pa. 1986).

  4. In re McCrary Dunlap Construction Company, LLC

    Case No. 98-03220, Adversary No. 399-0250A (Bankr. M.D. Tenn. Jan. 20, 2000)   Cited 11 times

    These courts view the § 542 (b) rights of trustees to pursue mature debts to be "a traditional type of proceeding which is at the core of a bankruptcy." In re Best Refrigerated Express, Inc., 132 B.R. 420, 421 (Bankr. D. Neb. 1991). The better approach is that such claims, at least when grounded in state law and arising pre-petition, must be treated as non-core.