Legal Opinion

In re Blackwell & Walker, P.A.

United States Bankruptcy Court, S.D. Florida.

Decided October 9, 1996No. Bankruptcy No. 96-10862-BKC-RAMPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING CITIBANK’S MOTION FOR STAY RELIEF

ROBERT A. MARK, Bankruptcy Judge.

Citibank, F.S.B. (“Citibank”) seeks stay relief to effect a setoff against funds in a Citibank bank account of the Debtor, Blackwell & Walker, P.A. (the “Debtor”). The central issue in dispute is whether certain guaranties executed by the Debtor are enforceable thereby establishing a prepetition debt to support the setoff claim.

PROCEDURAL BACKGROUND

This case was commenced by the filing of an involuntary Chapter 7 petition on February 14, 1996 (the “Petition Date”). The Debtor, a law firm…

2Cases cited6 opinions

  1. In Re RuizUnited States Bankruptcy Court, S.D. Florida. · 1992
  2. Gibbs v. American National Bank of JacksonvilleDistrict Court of Appeal of Florida · 1963
  3. Texaco, Inc. v. Giltak Corp.District Court of Appeal of Florida · 1986
  4. Bara v. JonesDistrict Court of Appeal of Florida · 1981
  5. Barnett Bank of South Florida, N.A. v. University Gynecological Associates, Inc.District Court of Appeal of Florida · 1994

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