Legal Opinion
Suncrete Corp. v. Glusman (In Re Suncrete Corp.)
United States Bankruptcy Court, M.D. Florida
Decided May 18, 1989No. Bankruptcy No. 88-303-BKC-6P1, Adv. No. 88-286PublishedCited by 1 opinion
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
GEORGE L. PROCTOR, Bankruptcy Judge.
This adversary proceeding is before the Court upon complaint filed by Suncrete Corporation (“Suncrete”) seeking to recover on a promissory note. The defendant answered the complaint and raised setoff as an affirmative defense. Suncrete contends that defendant cannot assert setoff when (i) defendant failed to file a proof of claim before the claims bar date; and (ii) where the right of setoff belongs to a related third-party. A trial of this adversary proceeding was held March 28, 1989, and upon the evidence presented,…
2Cases cited11 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
- In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
- McKinnon v. JohnsonSupreme Court of Florida · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Rush Hampton Industries, Inc.United States Bankruptcy Court, M.D. Florida · 1993