Legal Opinion

In Re Pub Dennis of Cumberland, Inc.

United States Bankruptcy Court, D. Rhode Island

Decided June 18, 1992No. Bankruptcy 90-12153PublishedCited by 5 opinions

1Opinion of the Court

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on May 13, 1992 on the Motion of the Debtor, Pub Dennis of Cumberland, Inc. (“Pub Dennis”) for leave to foreclose on a mortgage securing an indebtedness of $27,200, and on the Objection of the mortgagor, Harold R. Theroux (“Theroux”). At issue is whether certain payments made by Theroux on behalf of the Debtor may be setoff against amounts presently outstanding under the note and mortgage related to Theroux’s purchase of the Debtor’s liquor license.

BACKGROUND

Theroux operates a restaurant located in Cumberland, Rhode Island,…

2Cases cited5 opinions

  1. Vanderford v. KettelleSupreme Court of Rhode Island · 1949
  2. Lifshutz v. Trang (In Re Trang)United States Bankruptcy Court, S.D. Texas · 1985
  3. William L. Hashway v. Ciba-Geigy CorporationCourt of Appeals for the First Circuit · 1985
  4. In Re Gromyko, Inc.United States Bankruptcy Court, D. Rhode Island · 1992
  5. Costello Bros. v. Pawtucket Institution for Savings (In re Melino Cigar & Candy Co.)District Court, D. Rhode Island · 1982

3Cited by5 opinions

  1. Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009
  2. Official Committee of Unsecured Creditors of Quantum Foods, LLC v. Tyson Foods, Inc. (In re Quantum Foods, LLC)United States Bankruptcy Court, D. Delaware · 2016
  3. Gray v. Water Street Corp. (In Re American Shipyard Corp.)United States Bankruptcy Court, D. Rhode Island · 1998
  4. Anders Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009
  5. Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009

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