Legal Opinion

Marshall v. Shipman Elevator Co. (In Re Marshall)

United States Bankruptcy Court, S.D. Illinois

Decided October 18, 1999No. 19-40085PublishedCited by 6 opinions

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

After filing their Chapter 12 bankruptcy case, debtors Michael and Anne Marshall sold grain that was in storage with the defendant, Shipman Elevator Company (“Shipman”), and removed the grain from storage. The debtors then filed a turnover action to recover from Shipman the unused portion of storage charges that had been prepaid by the debtors.

Shipman has refused to turn over the funds sought by the debtors, asserting that it is entitled to offset its obligation to refund the unused storage charges against a corresponding obligation the debtors…

2Cases cited6 opinions

  1. Suttles v. VogelIllinois Supreme Court · 1988
  2. In The Matter Of Bevill, Bresler & Schulman Asset Management CorporationCourt of Appeals for the Third Circuit · 1990
  3. Chicago Park District v. Kenroy, Inc.Appellate Court of Illinois · 1982
  4. Brendern Enterprises, Inc. v. Micro-Acoustics Corp. (In Re Brendern Enterprises, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  5. L.P. Maun, M.D., Ltd. v. SalyapongseDistrict Court, S.D. Illinois · 1989

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

3Cited by6 opinions

  1. In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
  2. In Re: Meyer Medical Physicians Group, Ltd., Debtor-Appellant v. Health Care Service Corporation D/B/A Hmo Illinois, Creditor-AppelleeCourt of Appeals for the Seventh Circuit · 2004
  3. Leonard v. Optimal Payments Ltd. (In Re National Audit Defense Network)United States Bankruptcy Court, D. Nevada · 2005
  4. Addison v. United States Department of Agriculture (In re Addison)United States Bankruptcy Court, W.D. Virginia · 2015
  5. In Re Davicter Enterprises, Inc.United States Bankruptcy Court, S.D. Illinois · 2000

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

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