Legal Opinion
In the Matter of Alden D. Holford, Debtor. Alden D. Holford v. Melvin Lane Powers A/K/A Mel Powers and Mel Powers D/B/A Mel Powers Investment Builder
Court of Appeals for the Fifth Circuit
Decided March 16, 1990No. 89-2714PublishedCited by 81 opinions
1Opinion of the Court
GARZA, Circuit Judge:
Alden Holford appeals contempt penalties imposed against him for violation of the automatic stay in Powers’ bankruptcy proceeding when he offset rents due against damages in a state court fraud claim. Because we find that his actions constituted a recoupment and not a setoff, we REVERSE the contempt holding.
FACTS
In March of 1982, a Vice-President of M. Lane Powers Investment Builder (“Powers”) negotiated a lease with Holford for 1000 square feet of office space at $1,326.00 per month. Holford leased more space than he needed, as the vice-president assured him that the…
2Cases cited3 opinions
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- Rakozy v. Reiman Construction (In Re Clowards, Inc.)United States Bankruptcy Court, D. Idaho · 1984
- Brock v. Career Consultants, Inc. (In Re Career Consultants, Inc.)United States Bankruptcy Court, E.D. Virginia · 1988
3Cited by81 opinions
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- In the Matter of Stephen J. Kosadnar Peggy Marlea Kosadnar, Debtors. Stephen J. Kosadnar Peggy Marlea Kosadnar v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1998
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