Legal Opinion

Depositors Trust Company of Augusta v. Frati Enterprises, Inc., James A. Goodman, Etc.

Court of Appeals for the First Circuit

Decided January 11, 1979No. 78-1341PublishedCited by 21 opinions

1Opinion of the Court

COFFIN, Chief Judge.

This is an appeal by a trustee in bankruptcy from a decision granting summary judgment in favor of two banks that allegedly received preferences. 11 U.S.C. § 96. The district court held that the amount received by the banks was a permissible set-off of mutual debts. 11 U.S.C. § 108. We affirm.

The case involves a complex series of transactions which can be fairly understood as follows. Appellees are sister banking corporations, Depositors Trust Company of Augusta (Augusta) and Depositors Trust Company of Bangor (Bangor). Although owned by the same bank holding company, they…

2Cases cited7 opinions

  1. Studley v. Boylston National BankSupreme Court of the United States · 1913
  2. In the Matter of Berger Steel Company, Inc., Debtor. Inland Steel Company v. Berger Steel Company, Inc.Court of Appeals for the Seventh Circuit · 1964
  3. In the Matter of Vehm Engineering Corporation, Bankrupt. Baruch Investment Company, Dba Advance Industrial Finance Company and Trans-West Factors, Petitioners-Cross-Respondents-Appellants v. Curtis B. Danning, Trustee, Respondent-Cross-Petitioner-Appellee. Baruch Investment Company, Dba Advance Industrial Finance Company and Trans-West Factors, Petitioners-Cross-Respondents-Appellees v. Curtis B. Danning, Trustee, Respondent-Cross-Petitioner-AppellantCourt of Appeals for the Ninth Circuit · 1975
  4. In Re Yale Express System, Inc.District Court, S.D. New York · 1965
  5. In the Matter of Erie Forge & Steel Corporation, Bankrupt. Appeal of Thomas O. SchraderCourt of Appeals for the Third Circuit · 1972

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3Cited by21 opinions

  1. In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.Court of Appeals for the Seventh Circuit · 1988
  2. Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983
  3. In Re RinehartUnited States Bankruptcy Court, D. South Dakota · 1987
  4. Mason & Dixon Lines, Inc. v. First National Bank of BostonDistrict Court, M.D. North Carolina · 1988
  5. In re Semcrube, L.P.United States Bankruptcy Court, D. Delaware · 2009

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