White v. C.B. Hannay Co. (In Re Lyons Transportation Lines, Inc.)

MEMORANDUM

WARREN W. BENTZ, Bankruptcy Judge.

Before the Court is the Trustee’s Motion to Enforce Settlement Agreement. On March 17, 1992, the Trustee filed a Complaint against C.B. Hannay Co. (“Hannay”) to recover $17,050.85 in freight tariff undercharges and $1,453.08 in unpaid accounts receivable. On April 15, 1992, Hannay served its answer and paid $1,453.08 to the Trustee for accounts receivable.

After this Court entered an Order granting Hannay’s motion for referral to the Interstate Commerce Commission (“ICC”) and requiring Hannay to institute proceedings before the ICC, Hannay offered…