Legal Opinion

HAL, Inc. v. United States (In Re HAL, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 24, 1996No. BAP No. HI-95-1354-JVO. Bankruptcy Nos. 93-01072, 93-01073 and 93-01074PublishedCited by 26 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

SUMMARY

The chapter 11 debtor made prepetition overpayments of excise taxes to the IRS. The United States filed a motion for relief from the automatic stay, seeking permission to use the overpayments to offset debts owed by debtor to other federal agencies. The bankruptcy court, holding that all federal government agencies are a single entity for purposes of setoff, granted the motion. We affirm.

I. FACTS

On September 21, 1993, Hawaiian Airlines, along with related entities HAL, Inc. and West Maui Airport, Inc. (collectively referred to as “Debtors”) filed chapter…

2Cases cited28 opinions

  1. John Doe v. United States of America, in Re John Doe, Debtor. John Doe v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  4. Studley v. Boylston National BankSupreme Court of the United States · 1913
  5. Cherry Cotton Mills, Inc. v. United StatesSupreme Court of the United States · 1946

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

3Cited by26 opinions

  1. Amerisourcebergen Corporation v. Dialysist West, Inc.Court of Appeals for the Ninth Circuit · 2006
  2. AmerisourceBergen Corp. v. Dialysist West, Inc.Court of Appeals for the Ninth Circuit · 2006
  3. Wechsler v. MacKe International Trade, Inc. (In Re MacKe International Trade, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Amerisourcebergen Corporation v. Dialysist West, Inc.Court of Appeals for the Ninth Circuit · 2006
  5. Biggs v. Stovin (In Re Luz International, Ltd.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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

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