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Trustee John S. Lovald v. Dakota Truck Underwriters (In re Fischer Enterprises, Inc.)

Bankr. No.: 
01-40442
Adv. No.: 
01-4027
Chapter: 
7
Date of Decision: 
January 28, 2002
Issue: 
Whether a workers compensation underwriter was obligated under the Bankruptcy Code to turnover to the bankruptcy estate the debtor’s pre-petition excess contributions earlier than contemplated by the parties’ contract?
Ruling: 
The debtor’s bankruptcy does not alter the contract so as to require the underwriter to turnover the funds sooner than what was contemplated by the contract. The case trustee acquires no greater rights than what the debtor had on the petition date.
Full Bankruptcy Court Decision: