Legal Opinion
Moreira v. Digital Employees Federal Credit Union (In Re Moreira)
United States Bankruptcy Court, D. Massachusetts
Decided November 4, 1994No. 19-10489PublishedCited by 13 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Chief Judge.
This ease raises three questions: Is it a violation of the automatic stay for a credit union to “freeze” a debtor’s deposit account for the purpose of preserving the credit union’s claimed right of setoff against the debt- or’s loan indebtedness? May the account now be set off against the entire debt balance even though at the filing the debtor was current on her monthly payments and the credit union had made no attempt to accelerate the debt? Finally, what is the effect upon postpetition setoff rights of a large deposit made shortly before…
2Cases cited53 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- 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
- Riggs National Bank of Washington, D.C. v. John Gillis Perry, Jr., in Re John Gillis Perry, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1984
- George P. Baker, Trustees of the Property of Penn Central Transportation Company v. National City Bank of ClevelandCourt of Appeals for the Sixth Circuit · 1975
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3Cited by13 opinions
- Bucchino v. Wells Fargo Bank, N.A. (In Re Bucchino)United States Bankruptcy Court, D. New Mexico · 2010
- Wells Fargo Bank, N.A. v. JimenezDistrict Court, D. New Mexico · 2008
- In Re TilleryUnited States Bankruptcy Court, W.D. Arkansas · 1995
- Bank of America, N.A. v. Adomah (In Re Adomah)District Court, S.D. New York · 2007
- In Re LauxUnited States Bankruptcy Court, S.D. Illinois · 1995
8 more not listed; retrieve them via the Exa API.