Legal Opinion
In the Matter of Bel Marin Driwall, Inc., Bert O. Summers, Doing Business as Erbentraut & Summers v. William B. Grover, Trustee in Bankruptcy
Court of Appeals for the Ninth Circuit
Decided November 27, 1972No. 26899PublishedCited by 17 opinions
1Opinion of the Court
JAMES M. CARTER, Circuit Judge:
This appeal was taken from the district court’s affirmance of the bankruptcy referee’s turnover order. The question is whether direct payments by the bankrupt’s debtor (a general contractor) to the bankrupt’s creditor (a supplier to the bankrupt), made under obligation of California law, were invalid as setoffs under § 68b (2) of the Bankruptcy Act, 11 U.S.C. § 108b(2) (1964), against the debtor’s obligations to the bankrupt’s estate. We reverse.
Facts
Appellee has substantially adopted appellant’s statement of the facts, about which there is no serious dispute.…
2Cases cited9 opinions
- American Surety Co. of NY v. SampsellSupreme Court of the United States · 1946
- John Costello, Trustee in Bankruptcy of Leonard Plumbing and Heating J. A. Fazio and Lawrence C. Ambrose v. J. A. Fazio and Lawrence C. AmbroseCourt of Appeals for the Ninth Circuit · 1958
- Keenan Pipe & Supply Company, a Corporation v. B. E. Shields, as Trustee in Bankruptcy of James T. InmanCourt of Appeals for the Ninth Circuit · 1956
- Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
- Hartford Accident & Indemnity Co. v. CogginCourt of Appeals for the Fourth Circuit · 1935
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shaw Industries, Inc. v. Gill (In Re Flooring Concepts, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- In Re Davidson Lumber Sales, Inc., Debtor. Zions First National Bank, N.A. v. Christiansen Brothers, Inc., and Jacobsen-Robbins ConstructionCourt of Appeals for the First Circuit · 1995
- LaRose v. Crosby & Son Towing, Inc. (In Re Dick Henley, Inc.)United States Bankruptcy Court, M.D. Louisiana · 1984
- Tidwell v. Bethlehem Steel Corp. (In Re Georgia Steel, Inc.)United States Bankruptcy Court, M.D. Georgia · 1985
- Mullins v. Noland Co.District Court, N.D. Georgia · 1975
12 more not listed; retrieve them via the Exa API.