Legal Opinion
Citizens Fidelity Bank & Trust Co. v. All-Brite Sign Service Co. (In Re All-Brite Sign Service Co.)
United States Bankruptcy Court, W.D. Kentucky
Decided May 29, 1981No. 19-40096PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MERRITT S. DEITZ, Jr., Bankruptcy Judge.
This matter has arisen on complaint of plaintiff, Citizens Fidelity Bank and Trust Company (hereafter the bank) to lift the automatic stay on funds in the general account of the defendant, All-Brite Sign Service Company, Inc. (hereafter All-Brite), so the bank may use those funds to set off All-Brite’s outstanding obligations as permitted by 11 U.S.C. § 553.
At issue is the relationship between two debts, one unsecured, the other purportedly secured, and two deposits, one made shortly before the petition in bankruptcy was filed, and…
2Cases cited17 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
- The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- Kane v. First Nat. Bank of El Paso, Tex.Court of Appeals for the Fifth Circuit · 1932
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Cross Baking Co., Inc., Debtor. New Hampshire Business Development Corporation v. Cross Baking Company, Inc.Court of Appeals for the First Circuit · 1987
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Dubuque Packing Co. v. Stonitsch (In Re Isis Foods, Inc.)District Court, W.D. Missouri · 1984
- In Re KleatherUnited States Bankruptcy Court, S.D. Ohio · 1997
18 more not listed; retrieve them via the Exa API.