Legal Opinion

In Re Ruiz

United States Bankruptcy Court, S.D. Florida.

Decided October 30, 1992No. 18-01302PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT A. MARK, Bankruptcy Judge.

Creditor, BMI International Brokerage, Inc., (“BMI”) has filed a Motion to Modify Stay to Permit Setoff. The motion seeks relief to allow BMI to withhold and setoff post-petition commissions due the Debtor against pre-petition advances BMI paid the Debtor. The Court conducted an evidentia-ry hearing on June 10, 1992 after which the parties filed supplemental memoranda in support of their respective positions.

The Court has reviewed the entire record including the documentary evidence and testimony presented at the hearing, the memoranda…

2Cases cited12 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  3. 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
  4. 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987
  5. In Re Monongahela Rye Liquors, Inc.Court of Appeals for the Third Circuit · 1944

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3Cited by16 opinions

  1. In the Matter of Stephen J. Kosadnar Peggy Marlea Kosadnar, Debtors. Stephen J. Kosadnar Peggy Marlea Kosadnar v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1998
  2. Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
  3. Anderson-Smith & Associates, Inc. v. Xyplex, Inc.United States Bankruptcy Court, N.D. Alabama · 1995
  4. United States v. HoldenDistrict Court, D. Vermont · 2000
  5. C-4 Media Cable South, L.P. v. Reds T v. & Cable, Inc. (In Re C-4 Media Cable South, L.P.)United States Bankruptcy Court, E.D. Virginia · 1992

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