Legal Opinion

Atlantic Kraft Corp. v. Gibson Group, Inc. (In Re Gibson Group, Inc.)

United States Bankruptcy Court, S.D. Ohio

Decided March 29, 1991No. Bankruptcy 1-90-00280PublishedCited by 7 opinions

1Opinion of the Court

INTERLOCUTORY ORDER ON MOTION FOR RELIEF FROM STAY

BURTON PERLMAN, Chief Judge.

Atlantic Kraft Sales, Inc. (hereafter “movant”) filed a motion for relief from the automatic stay “to effectuate a setoff pursuant to 11 U.S.C. § 553.”

In its memorandum in support of its motion, movant said that debtor was indebted to it in the total amount of $1,549,338.54, and that movant had filed a proof of claim in that amount. In its memorandum, mov-ant further says that it was indebted, on account of prepetition debt, to debtor in the total amount of $162,403.80. Movant seeks relief from the stay so that it…

2Cases cited3 opinions

  1. Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1990
  2. In Re Metropolitan HospitalUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. Bankr. L. Rep. P 73,031, 9 Ucc rep.serv.2d 9 Mnc Commercial Corporation, Formerly Known as Maryland National Industrial Finance Corporation v. Joseph T. Ryerson & Son, IncorporatedCourt of Appeals for the Second Circuit · 1989

3Cited by7 opinions

  1. U.S. Aeroteam, Inc. v. Delphi Automotive Systems, LLC (In Re U.S. Aeroteam, Inc.)United States Bankruptcy Court, S.D. Ohio · 2005
  2. In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2000
  3. USBI Co. v. Otha C. Jean & Associates, Inc. (In Re Otha C. Jean & Associates, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1993
  4. Frank v. ITT Commercial Finance Corp. (In Re Thompson Boat Co.)United States Bankruptcy Court, E.D. Michigan · 1995
  5. In Re Calore Exp. Co., Inc.United States Bankruptcy Court, D. Massachusetts · 1996

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