In Re: Apex Express Corporation Humboldt Express, Incorporated, Debtors. Humboldt Express, Incorporated v. The Wise Company, Incorporated

Affirmed in part, reversed in part, and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

MURNAGHAN, Circuit Judge:

Plaintiff Humboldt Express, Inc. (“Humboldt”), a freight trucking corporation in bankruptcy, seeks to recover amounts allegedly owed by Defendant The Wise Co., Inc. (“Wise”), as penalties for late payment of freight charges. This case is one of hundreds of similar suits brought by the bankruptcy estate. After Humboldt went bankrupt, it paid an outside firm to “mine” its computer billing records to find…