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Published byBelinda Russell Modified over 9 years ago
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Sue Richter, Licensing Division Director Public Service Commission
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When the process begins
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Court appoints Commission trustee Publish notice to file claims 45 days to file claims Trust fund – 8 components Grain proceeds Accounts receivable Bond proceeds
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Review claims Valid Invalid Trust fund - cash Indemnity fund – credit-sale contract
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United States v. Wimbledon Grain Company et al., Civil No, A3-02-46, p. 2 (D.N.D. 2002), Chief Judge Rodney S. Webb held “... for priority purposes sellers with unsigned contracts... should be treated in the same manner as those... with storage receipts.” “... The statute provides that, “the contract must be signed by both parties...” ID. From the language of NDCC 60-02-19.1, the absence of a signature by both of the parties to the contract precludes it from otherwise constituting a credit-sale contract. The statutory language requires that a credit-sale contract be manifested by not only written form but by the signature of both parties. To conclude otherwise requires this Court to disregard what the legislature set out as the requirements to create an enforceable credit-sale contract. So, any claim manifested by a document not signed by both parties can never constitute a credit-sale contract regardless of the language in the unsigned document.” (Judge Geiger’s 8/31/12, Findings of Fact, Conclusion of Law, and Order, at pg. 6, at 3-11, Civil No. 50-2011-CV-29, PSC v. Grabanski Grain LLC (2012))
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Recommendation regarding claims Court hearing Appeal
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Call Before you Dig
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Call Commission Sue Richter – 701-328-4097 Commission website www.psc.nd.govwww.psc.nd.gov Verify licensees (bonds) Educational information
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Sign credit-sale contracts Know who you’re doing business with Cash checks - don’t hold onto them
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