Legal Opinion

Express Freight Lines, Inc. v. Kelly (In Re Express Freight Lines, Inc.)

United States Bankruptcy Court, E.D. Wisconsin

Decided July 15, 1991No. 19-21335PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

M. DEE McGARITY, Bankruptcy Judge.

This adversary action was filed by the then debtor-in-possession, Express Freight Lines, Inc. (“Express”), on February 20, 1990. The complaint asked the court to disallow Frank C. Kelly’s (“Kelly”) claim for setoff of the full amount (accelerated as of the date of filing) of obligations that the parties owed each other. The complaint further demanded payment by Kelly of his obligation to Express of all installments due as of the filing of the complaint and demanded that each successive installment be paid in full, without setoff, as it…

2Cases cited28 opinions

Butner v. United StatesSupreme Court of the United States · 1979
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
Boston and Maine Corporation v. Chicago Pacific CorporationCourt of Appeals for the Seventh Circuit · 1986
John P. Collins v. American Optometric AssociationCourt of Appeals for the Seventh Circuit · 1982
In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.Court of Appeals for the Seventh Circuit · 1988

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

3Cited by11 opinions

In Re ScottUnited States Bankruptcy Court, E.D. Virginia · 1992
Styler v. Jean Bob Inc. (In Re Concept Clubs, Inc.)District Court, D. Utah · 1993
United States v. Ruff (In Re Rush-Hampton Industries, Inc.)Court of Appeals for the Eleventh Circuit · 1996
Pereira v. Nelson (In Re Trace International Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 2002
CDI Trust v. U.S. Electronics, Inc. (In Re Communication Dynamics, Inc.)United States Bankruptcy Court, D. Delaware · 2008

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