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Legal Opinion

In Re Czyzk

United States Bankruptcy Court, D. New Jersey

Decided August 22, 2003No. 19-11742PublishedCited by 5 opinions

1Opinion of the Court

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

Debtor moved to compel Wachovia Bank, N.A., (“Wachovia”) to release $8,904.00 in funds it had frozen in debtor’s business checking account, and for a declaratory judgment finding that Wacho-via’s actions were an impermissible set off in violation of the automatic stay. Wacho-via objected on the grounds that its administrative freeze on debtor’s account did not violate the stay, and cross moved for stay relief and set off of funds. Because an administrative freeze on an account is only a temporary refusal by the bank to pay its debt while it seeks stay…

2Cases cited7 opinions

  1. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  2. In Re WhitakerUnited States Bankruptcy Court, S.D. Ohio · 1994
  3. In Re KleatherUnited States Bankruptcy Court, S.D. Ohio · 1997
  4. Ossen v. Bernatovich (In Re National Safe Northeast, Inc.)United States Bankruptcy Court, D. Connecticut · 1987
  5. All American Auto Salvage v. Camp's Auto, WreckersSupreme Court of New Jersey · 1996

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

3Cited by5 opinions

  1. In Re Garden Ridge Corp.United States Bankruptcy Court, D. Delaware · 2006
  2. In Re SchaferUnited States Bankruptcy Court, D. Colorado · 2004
  3. In re Orexigen Therapeutics, Inc.United States Bankruptcy Court, D. Delaware · 2018
  4. In re MaineUnited States Bankruptcy Court, S.D. Ohio · 2011
  5. In Re Cha Hawaii, LLCUnited States Bankruptcy Court, D. Hawaii · 2010

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