Legal Opinion
Assiante v. Davisville Credit Union (In Re Assiante)
United States Bankruptcy Court, D. Rhode Island
Decided April 7, 1983No. Bankruptcy No. 8200531, Adv. No. 820373PublishedCited by 9 opinions
1Opinion of the Court
FINDINGS, CONCLUSIONS AND PROPOSED JUDGMENT FOR THE PLAINTIFFS
ARTHUR N. YOTOLATO, Jr., Bankruptcy Judge.
Submitted on memoranda, on the debtors’ complaint to recover funds in the possession of Davisville Credit Union. At issue is whether Davisville Credit Union may set off funds deposited directly into the debtors’ checking account against debts owed to it by the Assiantes. 11 U.S.C. § 553(b). 1
THE FACTS
The Assiantes maintained a checking account with Davisville Credit Union, into which Anthony Assiante had been depositing his monthly Social Security checks since 1976. Funds from this account…
2Cases cited1 opinion
- Pfau v. First National Bank, Pipestone (In Re Schmidt)United States Bankruptcy Court, D. Minnesota · 1982
3Cited by9 opinions
- 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987
- Braniff Airways, Inc. v. Exxon Co.Court of Appeals for the Fifth Circuit · 1987
- Bruce Comly French v. Bank One, Lima N.A. (In Re Rehab Project, Inc.)United States Bankruptcy Court, N.D. Ohio · 1999
- Quinn v. Montrose State Bank (In Re Intermountain Porta Storage, Inc.)District Court, D. Colorado · 1987
- Fox v. Veterans Administration (In Re Fox)United States Bankruptcy Court, D. Rhode Island · 1986
4 more not listed; retrieve them via the Exa API.