Legal Opinion
William J. Rochelle, Jr., Trustee v. United States
Court of Appeals for the Fifth Circuit
Decided October 24, 1975No. 74-1639PublishedCited by 22 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
This case involves the interplay of two sections of the Bankruptcy Act. Section 5g, 11 U.S.C. § 23g, 1 gives priority in the allocation of the assets of a bankrupt partner to creditors of the partner over creditors of the partnership. Section 68a, 11 U.S.C. § 108a, 2 permits a creditor of a bankrupt who also is in debt to the bankrupt to set off the two debts against each other, claiming or paying only the balance.
In this case the United States is a creditor of a bankrupt partnership, Wynne-Compass Fair, Inc. The United States seeks to set off against the claim running…
2Cases cited51 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Lewis v. United StatesSupreme Court of the United States · 1876
- Richardson's v. GreenSupreme Court of the United States · 1890
46 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Marshall v. Gibson's Products, Inc. of PlanoCourt of Appeals for the Fifth Circuit · 1978
- Federal Deposit Insurance Corporation v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 1983
- In Re BrittonUnited States Bankruptcy Court, E.D. North Carolina · 1988
- Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- Wilson v. Internal Revenue Service (In Re Wilson)United States Bankruptcy Court, W.D. Arkansas · 1982
17 more not listed; retrieve them via the Exa API.