American Freight System, Inc. v. Sagaz Industries, Inc. (In re American Freight System, Inc.)

ORDER DENYING SUMMARY JUDGMENT

JULIE A. ROBINSON, Bankruptcy Judge.

Defendant Sagaz Industries, Inc. (Sagaz) filed a motion for summary judgment to which plaintiff American Freight System, Inc. (AFS) objected. In this adversary proceeding, AFS seeks to recover from Sagaz, more than $70,000 on 337 shipments of freight in 1986 and 1987. Sagaz characterizes AFS’s claim as one for “undercharges.” AFS calls its claim one for “undercharges” as well as “original unpaid accounts receivable” and “bills originally short paid.” Sagaz contends that it is exempt from liability for these charges, pursuant to…