Legal Opinion

Wickham v. United American Bank (In Re Property Leasing & Management, Inc.)

United States Bankruptcy Court, E.D. Tennessee

Decided March 7, 1985No. Bankruptcy No. 3-82-01397, Adv. No. 3-82-1025PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether certain repayments by the debtor of its indebtedness on two loans constitute avoidable preferential transfers under 11 U.S.C.A. § 547 (1979).

Also at issue is whether a bank attempting to assert its right of setoff with respect to funds in the debtor-depositor’s checking account may be charged with knowledge of the trust character of the funds so as to preclude the bank’s right of setoff of the funds against the debtor-depositor’s own indebtedness to the bank. 11 U.S.C.A. § 553 (1979).

On September 17, 1982, Property Leasing and…

2Cases cited12 opinions

Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
In Re Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984

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

3Cited by25 opinions

Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
Aguillard v. Bank of Lafayette (In Re Bourgeois)United States Bankruptcy Court, W.D. Louisiana · 1986
Schwinn Plan Committee v. Transamerica Insurance Finance Corp. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1996
In Re MendenhallUnited States Bankruptcy Court, W.D. Arkansas · 1985

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