Legal Opinion
Orient River Investments v. Equibank (In Re Orient River Investments, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 16, 1989No. 19-10034PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant proceeding presents the issue of a bank’s right to setoff against a depositor-debtor, an issue which we considered in a case which, coincidentally, was a predecessor to this ease, In re New York City Shoes, Inc., 78 B.R. 426 (Bankr.E.D.Pa.1987) (hereinafter cited as “NYC Shoes ”). For several reasons, we conclude that the Bank’s claim of a setoff here is weaker than that of the bank in NYC Shoes or the non-debtor tenant in a subsequent opinion of ours concerning setoff, In re TM Carlton House Partners, Ltd., 93 B.R. 859…
2Cases cited28 opinions
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- In Re Meade Land and Development Co., Inc. Appeal of Eastgate Enterprises, IncCourt of Appeals for the Third Circuit · 1975
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Exton Drive-In, Inc. v. Home Indemnity Co.Supreme Court of Pennsylvania · 1969
- F. C. Gaines, Jr. v. Sunray Oil Company, Amtel, Inc. v. E. Paul Wilkinson and J. Howard Marshall, as Individuals and as the Executive AssociatesCourt of Appeals for the Eighth Circuit · 1976
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sucre v. Mic Leasing Corp. (In Re Sucre)United States Bankruptcy Court, S.D. New York · 1998
- 222 Liberty Associates v. Prescott Forbes Real Estate Corp. (In Re 222 Liberty Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Matter of American Sunlake Ltd. PartnershipUnited States Bankruptcy Court, W.D. Michigan · 1989
- Rediger Investment Corp. v. H Granados Communications, Inc. (In Re H Granados Communications, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Wills v. Heritage Bank (In Re Wills)United States Bankruptcy Court, E.D. Virginia · 1998
3 more not listed; retrieve them via the Exa API.