Section of Negotiated Rates Act providing shippers with the defenses to undercharge claims by carriers that are no longer transporting property prevented property from becoming estate property and, thus, was not outside scope of Bankruptcy Code’s anti-forfeiture provisions, which state that debtor’s interest in property becomes estate property notwithstanding any provision in nonbankruptcy law that is conditioned on debtor’s insolvency or financial condition; debtor-carrier’s undercharge claims are estate property, and NRA limits carriers’ rights to collect undercharges and, thus, gives option to effect forfeiture or modification of debtor’s property. In re Transcon Lines, 58 F.3d 1432 (C.A.9 (Cal.) 1995), amended on denial of rehearing, certiorari denied 116 S.Ct. 1016, 516 U.S. 1146, 134 L.Ed.2d 96.
Do you need help with protecting your assets – chapter 7 bankruptcy, chapter 11 bankruptcy, chapter 13 bankruptcy - in Virginia? Are you in danger of having your house foreclosed? If so, contact the Virginia bankruptcy attorneys of the SRIS Law Group. Our Virginia bankruptcy attorneys will discuss the facts of your case with you and advise you of your options – chapter 7 bankruptcy, chapter 11 bankruptcy, chapter 13 bankruptcy in Virginia.
The SRIS Law Group Virginia bankruptcy attorneys focus on assisting Virginia bankruptcy clients primarily with chapter 7 bankruptcy in Virginia. We have Virginia bankruptcy attorneys located at our Virginia offices in Fairfax, Manassas, Richmond, Virginia Beach, & Lynchburg .
If you need help or have bankruptcy questions regarding chapter 7 bankruptcy, chapter 11 bankruptcy, or chapter 13 bankruptcy in Virginia, then contact the Virginia bankruptcy attorneys of the SRIS Law Group, PC, to speak with a competent Virginia bankruptcy lawyer about your case.
Sris Law Group, PC
4008 Williamsburg Court
Fairfax , Virginia 22032
(703) 278-0405
1.888.437.7747
Virginia Bankruptcy Attorney
Filing Bankruptcy Chapter 7 Chapter 11 Chapter 13
