Legal Opinion
Mewes v. BankWest of South Dakota (In Re Mewes)
United States Bankruptcy Court, D. South Dakota
Decided March 5, 1986No. 19-40002PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
I. Introduction
This matter is before the Court on a complaint for violation of automatic stay and for turnover of property to the estate filed on behalf of Mervin Richard Mewes and Doris Louise Mewes (“Debtors”) by Attorney Thomas M. Tobin, Aberdeen, South Dakota, on June 4, 1985. Debtors substantively allege that: 1) BankWest’s offset of their ranch checking account violated the automatic stay provisions as provided by Bankruptcy Code Section 362(a); and 2) Because BankWest’s offset was “willful,” the debtors are entitled to damages as…
2Cases cited19 opinions
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- 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
- Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
- Miller v. Savings Bank of Baltimore (In Re Miller)District Court, D. Maryland · 1982
- In Re EisenbergUnited States Bankruptcy Court, E.D. New York · 1980
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- United States v. Inslaw, Inc.Court of Appeals for the D.C. Circuit · 1991
- In Re LileUnited States Bankruptcy Court, S.D. Texas · 1989
- INSLAW, Inc. v. United States (In Re INSLAW, Inc.)District Court, District of Columbia · 1988
- Stucka v. United States of America (In Re Stucka)United States Bankruptcy Court, C.D. California · 1987
16 more not listed; retrieve them via the Exa API.