Legal Opinion

In Re PSA, Inc.

United States Bankruptcy Court, D. Delaware

Decided April 19, 2002No. 19-10395PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION ON ADMINISTRATIVE EXPENSE CLAIM 2

JOHN C. AKARD, Bankruptcy Judge.

Before the Court is the Motion of Legends Communications, Inc. (“Legends”), to compel payment of administrative expense claim. The issue is whether a postpetition administrative claim owed to Legends may be setoff against a prepetition receivable owed to Debtors, and if so whether Section 553 or 558 of the Bankruptcy Code applies to allow setoff. 3 The Court finds that this claim may be setoff against the prepetition receivable owed to Debtors under § 558 and applicable state law. 4

I. FACTS

By way of a…

2Cases cited3 opinions

  1. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
  2. Scherling v. Hellman Electric Corp. (In Re Westchester Structures, Inc.)United States Bankruptcy Court, S.D. New York · 1995
  3. Second Pennsylvania Real Estate Corp. v. Papercraft Corp. (In Re Papercraft Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1991

3Cited by11 opinions

  1. State Bank v. Miller (In Re Miller)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  2. E.Spire Communications, Inc. v. Morris Plumbing & Electric Co. (In Re E.Spire Communications, Inc.)United States Bankruptcy Court, D. Delaware · 2003
  3. In Re ABC-Naco, Inc.United States Bankruptcy Court, N.D. Illinois · 2003
  4. In Re Tslc I, Inc.United States Bankruptcy Court, M.D. Florida · 2005
  5. In Re Women First Healthcare, Inc.United States Bankruptcy Court, D. Delaware · 2006

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