Legal Opinion

Norton v. Associated Grocers of Maine, Inc. (In Re Peabody)

United States Bankruptcy Court, D. Maine

Decided July 17, 1985No. 19-20115PublishedCited by 6 opinions

1Opinion of the Court

FREDERICK A. JOHNSON, Bankruptcy Judge.

MEMORANDUM DECISION

The trustee seeks, under 11 U.S.C. § 542, to recover money deposited by debtors into a capital savings account held by Associated Grocers of Maine, Inc. (Associated). Associated argues that it is a secured creditor with a right to set-off. The court concludes that Associated is correct.

The underlying facts have been stipulated and the issues fully briefed. On May 19, 1980 Aimer and Sarah Peabody, d/b/a Brown’s Grocery, executed an Application for Membership in Associated which was approved on June 3,1980. That application recites…

2Cases cited4 opinions

  1. Waldschmidt v. Columbia Gulf Transmission Co. (In Re Fulghum Construction Corp.)United States Bankruptcy Court, M.D. Tennessee · 1982
  2. McLemore v. Citizens Bank of Cookeville (In Re Tom McCormick Enterprises, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1983
  3. Bridgeport Co. v. United States Postal ServiceUnited States Bankruptcy Court, E.D. Arkansas · 1984
  4. Houdashell v. Missouri Public Service Co. (In Re Houdashell)United States Bankruptcy Court, W.D. Missouri · 1981

3Cited by6 opinions

  1. Moratzka v. Visa U.S.A. (In Re Calstar, Inc.)United States Bankruptcy Court, D. Minnesota · 1993
  2. In Re ColeUnited States Bankruptcy Court, D. Maryland · 1989
  3. In Re Wildcat Const. Co., Inc.United States Bankruptcy Court, D. Vermont · 1986
  4. Ohning v. Schneider National Transcontinental, Inc. (In Re Ohning)United States Bankruptcy Court, N.D. Indiana · 1986
  5. In Re Academy Answering Services, Inc.United States Bankruptcy Court, N.D. Ohio · 1988

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