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Legal Opinion

Matter of American Sunlake Ltd. Partnership

United States Bankruptcy Court, W.D. Michigan

Decided December 19, 1989No. 18-04360PublishedCited by 17 opinions

1Opinion of the Court

OPINION RESPECTING RECOUPMENT OR SETOFF

JAMES D. GREGG, Bankruptcy Judge.

ISSUES

The issues before the Court are whether Wilder Corporation of Delaware (“Wilder”) is entitled to utilize either (1) the equitable remedy of recoupment, or (2) setoff as governed by the Bankruptcy Code, to reduce the amount of liabilities it presently owes to the Debtor. The secondary issue before the Court is whether relief from the automatic stay imposed by 11 U.S.C. § 362 should be granted to permit the requested setoff or recoupment.

JURISDICTION

This matter concerns the proposed netting against each other of debts…

2Cases cited21 opinions

  1. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  2. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
  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. Heritage Savings & Loan Ass'n v. Rogers Development Corp. (In Re Rogers Development Corp.)United States Bankruptcy Court, E.D. Virginia · 1980
  5. In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982

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

3Cited by17 opinions

  1. Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
  2. In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1990
  3. Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
  4. Solow v. American Airlines, Inc. (In Re Midway Airlines, Inc.)United States Bankruptcy Court, N.D. Illinois · 1998
  5. Raleigh v. Mid American National Bank & Trust Co. (In Re Stoecker)United States Bankruptcy Court, N.D. Illinois · 1991

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

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