Legal Opinion
In Re David Strumpf, Debtor. Citizens Bank of Maryland v. David Strumpf
Court of Appeals for the Fourth Circuit
Decided October 13, 1994No. 92-1519PublishedCited by 67 opinions
1Opinion of the Court
Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Senior Judge CHAPMAN concur.
OPINION
WIDENER, Circuit Judge:
This case presents an issue of first impression on the same facts in the courts of appeal, although the Third and Eighth Circuits have considered similar fact situations, as have we. It is whether a bank violates the automatic stay of 11 U.S.C. § 362(a) by placing an administrative hold on a debtor’s account while seeking relief from the stay to exercise its right of setoff. The United States Bankruptcy Court for the District of Maryland held Citizens Bank of Maryland…
2Cases cited8 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. TurketteSupreme Court of the United States · 1981
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- 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
- Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
- Thompson v. Board of Trustees (In Re Thompson)United States Bankruptcy Court, E.D. Virginia · 1995
- In re SeatonUnited States Bankruptcy Court, E.D. Virginia · 2011
62 more not listed; retrieve them via the Exa API.