Legal Opinion

In Re Hess

United States Bankruptcy Court, E.D. Michigan

Decided August 23, 2011No. 19-40934PublishedCited by 1 opinion

1Opinion of the Court

Opinion Granting in Part Motion for Relief from the Automatic Stay to Allow Exercise of Setoff Rights

WALTER SHAPERO, Bankruptcy Judge.

This matter is before the Court on Creditor, Extra Credit Union’s Motion for Relief from the Automatic Stay to Allow Set-off under 11 U.S.C. § 553(a) (Docket No. 12).

Background

On September 10, 2010, James and Diane Hess sought relief under Chapter 7 of the Bankruptcy Code. At the time of filing, the Debtors were indebted to Extra Credit Union (“Creditor”) in the amount of $19,764.45 due to advances taken on a Visa credit card account. Creditor sought relief…

2Cases cited4 opinions

  1. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  2. Holland v. Trinity Health Care Corp.Michigan Court of Appeals · 2010
  3. In Re HolderUnited States Bankruptcy Court, M.D. Tennessee · 1995
  4. In Re New Haven Foundry, Inc.United States Bankruptcy Court, E.D. Michigan · 2002

3Cited by1 opinion

  1. In re HoustonUnited States Bankruptcy Court, E.D. Michigan · 2011

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