Legal Opinion

In Re Allen

United States Bankruptcy Court, N.D. Iowa

Decided January 15, 1992No. 19-00303PublishedCited by 12 opinions

1Opinion of the Court

RULING RE: USA’S MOTION FOR RELIEF FROM AUTOMATIC STAY IN ORDER TO PERFECT § 553 SETOFF

MICHAEL J. MELLOY, Chief Judge.

This matter is before the Court on the motion of the Agricultural Stabilization and Conservation Service for the Commodity Credit Corporation (collectively referred to as “CCC”) seeking relief from the automatic stay in order to perfect a setoff. CCC seeks to setoff a debt CCC owes to the debtor, James Allen (“debtor”) against CCC’s claim against the debtor. The debt- or opposes the motion for relief from stay by asserting that CCC does not have a valid setoff right to…

2Cases cited44 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. 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
  3. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  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 Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978

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3Cited by12 opinions

  1. United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
  2. In Re AlvstadUnited States Bankruptcy Court, D. North Dakota · 1998
  3. In Re MoharUnited States Bankruptcy Court, D. Montana · 1992
  4. Farmers Home Administration v. Buckner (In Re Buckner)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  5. In Re GehrkeUnited States Bankruptcy Court, N.D. Iowa · 1993

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

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