Legal Opinion

In Re Paul Pack Steel Erection, Co., Inc.

United States Bankruptcy Court, E.D. Tennessee

Decided April 23, 1991No. Bankruptcy 90-11843PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

Unicon Construction Company has filed a motion to lift the automatic stay so that it can be allowed a set-off. 11 U.S.C.A. §§ 362(a)(7) & 553(a) (West 1979). Unicon subcontracted earth work, concrete work, and the erection of a metal building to Paul Pack Steel under three separate subcontracts. Each subcontract allowed Unicon to retain part of the purchase price to secure complete performance by Paul Pack Steel.

Paul Pack Steel is now in bankruptcy, and Unicon has filed a claim in the bankruptcy case for almost $70,000. Unicon wants to set off the…

2Cases cited11 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Rentenbach Engineering Co., Construction Division v. General Realty Ltd.Court of Appeals of Tennessee · 1985
  3. Piland Corp. v. League Const. Co., Inc.Supreme Court of Virginia · 1989
  4. District of Columbia v. Aetna InsuranceDistrict of Columbia Court of Appeals · 1983
  5. In Re BatesUnited States Bankruptcy Court, M.D. Tennessee · 1983

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3Cited by1 opinion

  1. Conister Trust v. Boating Corp. of America & Villas-AfloatCourt of Appeals of Tennessee · 1999

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