Koenig Inc. v. Ateco Equipment, Inc. (In Re Ateco Equipment, Inc.)

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

INTRODUCTION

The issues before this Court are twofold. The first is whether a shipper of goods pursuant to a consignment agreement can recover those goods from the consignee after the consignee files Bankruptcy. The second is. whether a Debtor in Possession has the same rights in those goods as would a Trustee in Bankruptcy.

HISTORY OF THE CASE

Koenig Incorporated (hereinafter “Koe-nig” or “Plaintiff”) is a Texas corporation engaged in the manufacture and sale of motor truck equipment consisting of side boxes, tool boxes, service bodies with…