Legal Opinion

Commerce Union Bank v. Haffner (In Re Haffner)

United States Bankruptcy Court, M.D. Tennessee

Decided June 25, 1981No. 380-01260, Adv. No. 380-0462PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This matter is before the court upon the summary judgment motions of the parties seeking a determination of whether the plaintiff bank is entitled to relief from the automatic stay of 11 U.S.C. § 362(a) for the purpose of asserting a right of setoff under 11 U.S.C. § 553. There is no factual dispute.

On March 17, 1978, Commerce Union Bank [hereinafter, the Bank] issued to the debtors a certificate of deposit in the amount of $9,000 with a maturity date of March 17, 1982. The debtors claimed the certificate as exempt property on Schedule B-4 of…

2Cases cited18 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
  3. Atlantic Life Insurance v. RingSupreme Court of Virginia · 1936
  4. Finance Acceptance Company v. BreauxSupreme Court of Colorado · 1966
  5. In Re MorganUnited States Bankruptcy Court, M.D. Tennessee · 1980

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

3Cited by27 opinions

  1. 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
  2. Hart v. Hart (In Re Hart)United States Bankruptcy Court, D. Nevada · 1985
  3. Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. Alexander v. Commissioner (In Re Alexander)United States Bankruptcy Court, W.D. Kentucky · 1998
  5. Posey v. United States Department of the Treasury-Internal Revenue ServiceDistrict Court, W.D. New York · 1993

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

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