Legal Opinion
Bankr. L. Rep. P 70,553 First National Bank of Louisville v. Hurricane Elkhorn Coal Corporation II Logan & Kanawha Coal Company, Inc.
Court of Appeals for the First Circuit
Decided May 21, 1985No. 83-5838PublishedCited by 21 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
This bankruptcy case arises from the set-off by an agent of approximately $84,000 in order to recoup mistaken overpayments paid to the creditor of its principal, a Chapter 11 debtor. The setoff occurred in the context of a somewhat complex financing arrangement involving the principal, its agent, and the creditor bank.
The principal, coal producer Hurricane Elkhorn Coal Co., in order to secure continuing operating capital loans from the creditor bank, First National Bank of Louisville, executed to the bank absolute and irrevocable assignments of certain accounts…
2Cases cited3 opinions
- First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. (In Re Hurricane Elkhorn Coal Corp.)District Court, W.D. Kentucky · 1983
- First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. (In re Hurricane Elkhorn Coal Corp.)District Court, W.D. Kentucky · 1982
- Lyric Piano Co. v. PurvisCourt of Appeals of Kentucky · 1922
3Cited by21 opinions
- In Re Navigation Technology Corporation, Debtor. Victor W. Dahar, Trustee v. Raytheon CompanyCourt of Appeals for the First Circuit · 1989
- In Re KometUnited States Bankruptcy Court, W.D. Texas · 1989
- In Re PremoUnited States Bankruptcy Court, E.D. Michigan · 1990
- 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc. (In Re 48th Street Steakhouse, Inc.)United States Bankruptcy Court, S.D. New York · 1986
- Shugrue v. Fischer (In Re Ionosphere Clubs, Inc.)United States Bankruptcy Court, S.D. New York · 1994
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