Legal Opinion
In Re Wildcat Const. Co., Inc.
United States Bankruptcy Court, D. Vermont
Decided February 21, 1986No. 19-10087PublishedCited by 17 opinions
1Opinion of the Court
Memorandum Decision
FRANCIS G. CONRAD, Bankruptcy Judge.
In the context of a motion for extraordinary relief, this Court is presented with the so-called banker’s dilemma. The bank, a creditor of this Chapter 11 debtor’s, has moved ex parte for relief from stay and for an order prohibiting the use of cash collateral. The bank asks us to prohibit the debtor from drawing on its checking accounts with the bank, against which it asserts a statutory right of setoff. Because we hold that a creditor in the bank’s position is protected by the Code as a matter of course, and because this creditor has…
2Cases cited25 opinions
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- 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
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- The State of New York v. The Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 1977
- In Re Feit & Drexler, Inc.Court of Appeals for the Second Circuit · 1985
20 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
- Williams v. American Bank of the Mid-Cities, N.A. (In Re Williams)United States Bankruptcy Court, N.D. Texas · 1986
- In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
- Wolinsky v. Central Vermont Teachers Credit Union (In Re Ford)United States Bankruptcy Court, D. Vermont · 1989
- Homan v. Kemba Cincinnati Credit Union (In Re Homan)United States Bankruptcy Court, S.D. Ohio · 1990
12 more not listed; retrieve them via the Exa API.