Legal Opinion
Waldschmidt v. Columbia Gulf Transmission Co. (In Re Fulghum Construction Corp.)
United States Bankruptcy Court, M.D. Tennessee
Decided September 16, 1982No. Bankruptcy No. 380-00235, Adv. No. 380-0431PublishedCited by 45 opinions
1Opinion of the Court
MEMORANDUM 1
KEITH M. LUNDIN, Bankruptcy Judge.
The issue presented is whether Columbia Gulf Transmission Company is entitled to set off amounts paid by it to the debtor’s subcontractors and vendors against amounts owed to the debtor pursuant to two contracts with the debtor. 2 For the reasons stated below, the court holds Columbia is entitled to setoff.
In 1979, Fulghum Construction Corporation (“Fulghum” or “debtor”) entered into two contracts to perform work for Columbia Gulf Transmission Company (“Columbia”). Contract C-440 was for pipeline construction in Tennessee and Mississippi; contract…
2Cases cited13 opinions
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- Gratiot v. United StatesSupreme Court of the United States · 1841
- Hill v. Farmers Home Administration (In Re Hill)United States Bankruptcy Court, N.D. Texas · 1982
- Third National Bank in Nashville v. Carpenter (In Re Carpenter)United States Bankruptcy Court, M.D. Tennessee · 1981
- Virginia Block Co. v. Virginia Mutual Insurance Agency (In Re Virginia Block Co.)United States Bankruptcy Court, W.D. Virginia · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Stair v. Hamilton Bank of Morristown (In Re Morristown Lincoln-Mercury Inc.)United States Bankruptcy Court, E.D. Tennessee · 1984
- Thompson v. Board of Trustees (In Re Thompson)United States Bankruptcy Court, E.D. Virginia · 1995
- Eggemeyer v. Internal Revenue Service (In Re Eggemeyer)United States Bankruptcy Court, S.D. Illinois · 1987
- Ford v. Darracott (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 1983
- Matter of Nickerson & Nickerson, Inc.United States Bankruptcy Court, D. Nebraska · 1986
40 more not listed; retrieve them via the Exa API.