Legal Opinion

Citizens Bank of Md. v. Strumpf

Supreme Court of the United States

Decided October 31, 1995No. 94-1340PublishedCited by 583 opinions

1Opinion of the CourtJustice Scalia

We must decide whether the creditor of a debtor in bankruptcy may, in order to protect its setoff rights, temporarily withhold payment of a debt that it owes to the debtor in bankruptcy without violating the automatic stay imposed by 11 U.S. C. § 362(a).

I

On January 25,1991, when respondent filed for relief under Chapter 13 of the Bankruptcy Code, he had a checking account with petitioner, a bank conducting business in the State of Maryland. He also was in default on the remaining balance of a loan of $5,068.75 from the bank. Under 11 U. S. C. § 362(a), respondent’s bankruptcy filing gave rise…

2Cases cited8 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  4. Studley v. Boylston National BankSupreme Court of the United States · 1913
  5. Normand Josef Enterprises, Inc. v. Connecticut National BankSupreme Court of Connecticut · 1994

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3Cited by583 opinions

  1. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
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  3. STMicroelectronics, N v. v. Credit Suisse Securities (USA) LLCCourt of Appeals for the Second Circuit · 2011
  4. Dunn & Black, P.S. v. United StatesCourt of Appeals for the Ninth Circuit · 2007
  5. In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001

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