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Charter Crude Oil Co. v. Enron Oil Trading & Transportation Co. (In Re Charter Co.)

United States Bankruptcy Court, M.D. Florida

Decided May 16, 1988No. Bankruptcy Nos. 84-289-BK-J-GP through 84-332-BK-J-GP, Adv. No. 86-66PublishedCited by 7 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

Plaintiff, Charter Crude Oil Company (“Charter”), instituted this proceeding pursuant to § 542(b) of the Bankruptcy Code against defendant, P & 0 Falco, Inc. (“Fal-co”), 1 seeking turnover of a debt in the principal amount of $437,779.70, and accrued interest of $300,950.36 for the period from May 21, 1984, through March 15, 1988. Falco defends that it is not indebted to Charter by virtue of a setoff for $744,-991.68 taken in June, 1984, and, instead, has an unsecured claim of $307,211.98.

On March 26, 1988, Charter…

2Cases cited16 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. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  3. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  4. In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
  5. Philip I. Palmer, Jr., Etc. v. Radio Corporation of AmericaCourt of Appeals for the Fifth Circuit · 1971

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3Cited by7 opinions

  1. Schwartz v. C.M.C., Inc. (In Re Communicall Central, Inc.)United States Bankruptcy Court, N.D. Illinois · 1989
  2. In Re NTG Industries, Inc.United States Bankruptcy Court, N.D. Illinois · 1989
  3. In Re CarterUnited States Bankruptcy Court, D. Kansas · 1991
  4. Southeast Bank, N.A. v. Grant (In Re Apex International Management Services, Inc.)United States Bankruptcy Court, M.D. Florida · 1993
  5. Kroh Operating Ltd. Partnership v. Barnett Bank of Southwest Florida (In Re Kroh Bros. Development Co.)United States Bankruptcy Court, W.D. Missouri · 1989

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