Mellon Bank, N. A. v. Hemsher (In re Hemsher)

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

This case concerns a bank’s right of set-off. The parties have stipulated to the facts herein and the matter is submitted to this Court for decision on Memorandum Briefs submitted by the parties.

STATEMENT OF THE FACTS

The Debtor and his non-debtor spouse are involved in a divorce proceeding in the Family Division in the Court of Common Pleas, Allegheny County, Pennsylvania. No final divorce decree has been entered in that proceeding. As part of their divorce proceeding, the parties had agreed to sell the family home and divide the proceeds.…