Legal Opinion

In Re Mastroeni

United States Bankruptcy Court, S.D. New York

Decided January 23, 1986No. 18-37048PublishedCited by 11 opinions

1Opinion of the Court

DECISION ON MOTION FOR AN ORDER TO VACATE THE AUTOMATIC STAY AND TO PERMIT SETOFF

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Manufacturers Hanover Trust Company (“Trust Company”) has moved for an order pursuant to 11 U.S.C. § 362(d) for relief from the automatic stay in order to permit Trust Company to offset monies deposited by the debtor in accounts maintained by him at several of its branches. The debtor, who voluntarily filed for relief under Chapter 7 of the Bankruptcy Code, and the trustee in bankruptcy in this case, oppose the motion on the ground that Trust Company is not entitled to employ…

2Cases cited19 opinions

  1. Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
  2. United States v. Butterworth Judson Corp.Supreme Court of the United States · 1925
  3. In Re Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978
  4. The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
  5. Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960

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3Cited by11 opinions

  1. Blanton v. Prudential-Bache Securities, Inc. (In Re Blanton)United States Bankruptcy Court, E.D. Virginia · 1989
  2. Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988
  3. Kitaeff v. Vappi & Co. (In Re Bay State York Co.)United States Bankruptcy Court, D. Massachusetts · 1992
  4. Norfolk Shipbuilding & Drydock Corp. v. Carlyle (In Re Carlyle)United States Bankruptcy Court, E.D. Virginia · 1999
  5. Ross-Viking Merchandise Corp. v. American Cyanamid Co. (In Re Ross-Viking Merchandise Corp.)United States Bankruptcy Court, S.D. New York · 1993

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