De'Medici v. Flygt Corp. (In Re Lifschultz Fast Freight Corp.)

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

1. INTRODUCTION

These adversary proceedings involve the procedural residue left by the Supreme Court’s recent decision in Reiter v. Cooper, — U.S. -, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993), holding that shippers’ unreasonable rate claims made in response to bankruptcy trustees’ attempts to collect unpaid filed tariffs are in the nature of recoupment, subject to ordinary rules governing counterclaims. The principal issue to be decided by this Court in light of Reiter is whether the Trustee’s claims to collect filed rates should be stayed…