Legal Opinion
United States Ex Rel. Small Business Administration v. Rinehart
District Court, D. South Dakota
Decided August 10, 1988No. CIV. 88-3024PublishedCited by 36 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, Chief Judge.
This appeal from the United States Bankruptcy Court, District of South Dakota, raises the question of whether the appellant, the United States of America acting through the Small Business Administration (SBA), violated the automatic stay provision of 11 U.S.C. § 362(a) by retaining a check payable to the appellees, Harold Rinehart and Marilyn Rinehart, to preserve a right to offset under 11 U.S.C. § 553. Because the finding of the Bankruptcy Court that the SBA attempted to effect an offset or setoff in violation of the automatic stay is not…
2Cases cited13 opinions
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- Cherry Cotton Mills, Inc. v. United StatesSupreme Court of the United States · 1946
- In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
- Gary D. Hanson, Sandra Kay Hanson v. First Bank of South Dakota, N.A.Court of Appeals for the First Circuit · 1987
- In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
- Homer National Bank v. NamieDistrict Court, W.D. Louisiana · 1989
- Illinois v. Lakeside Community Hospital, Inc. (In Re Lakeside Community Hospital, Inc.)District Court, N.D. Illinois · 1993
- Jarboe v. United States Small Business Administration (In Re Hancock)United States Bankruptcy Court, N.D. Oklahoma · 1992
- Shugrue v. Fischer (In Re Ionosphere Clubs, Inc.)United States Bankruptcy Court, S.D. New York · 1994
31 more not listed; retrieve them via the Exa API.