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First Union National Bank of Florida v. Abbey Financial Corp. (In Re Abbey Financial Corp.)

United States Bankruptcy Court, D. Massachusetts

Decided February 29, 1996No. 19-30168PublishedCited by 13 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

First Union National Bank of Florida (“First Union”) seeks (i) judgment declaring that its postpetition charge to the checking account of Abbey Financial Corporation (the “Debtor”) was a permissible recoupment or setoff, and (ii) recovery of funds transferred to the Debtor allegedly by mistake, plus the imposition of a constructive trust in aid of that recovery. Both parties move for summary judgment. I hold First Union’s charge to the Debtor’s account was a postpetition setoff, not recoupment, exercised in violation of the automatic stay. I…

2Cases cited51 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
  4. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  5. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986

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3Cited by13 opinions

  1. In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
  2. In Re County of OrangeUnited States Bankruptcy Court, C.D. California · 1997
  3. Federal Trade Commission v. American Institute for Research & DevelopmentDistrict Court, D. Massachusetts · 1998
  4. Holyoke Nursing Home, Inc. v. Health Care Financing Administration (In Re Holyoke Nursing Home, Inc.)United States Bankruptcy Court, D. Massachusetts · 2002
  5. In Re SchaferUnited States Bankruptcy Court, D. Colorado · 2004

8 more not listed; retrieve them via the Exa API.

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