Legal Opinion

Conoco, Inc. v. Styler

Court of Appeals for the Tenth Circuit

Decided April 30, 1996No. 95-4066PublishedCited by 87 opinions

1Opinion of the Court

HENRY, Circuit Judge.

In this adversary action, brought by Cono-co, Inc. (“Conoco”) against the bankruptcy trustee (“Trustee”) for Peterson Distributing, Inc. (“Peterson”), Conoco seeks to recoup or setoff $69,370.49 worth of credit card invoices against its $245,159.06 claim in Peterson’s bankruptcy estate. The trustee of Peterson’s bankruptcy estate counterclaims for the turnover of the $69,370.49 in credit card invoices. The United States Bankruptcy Court for the District of Utah held that the doctrine of recoupment did not apply and that Conoco was only entitled to a setoff of those…

2Cases cited12 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  3. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
  4. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
  5. In Re Gregory Alyan Posta and Mary Jones Posta, C.I.T. Financial Services, Inc. v. Gregory Alyan Posta, Mary Jones PostaCourt of Appeals for the Tenth Circuit · 1989

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3Cited by87 opinions

  1. Connolly v. Harris Trust Co.Court of Appeals for the Tenth Circuit · 2002
  2. In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of LaborCourt of Appeals for the Second Circuit · 1998
  3. United States v. HernandezCourt of Appeals for the Tenth Circuit · 2017
  4. Houlihan Lokey Howard & Zukin Capital v. Unsecured Creditors' Liquidating Trust (In Re Commercial Financial Services, Inc.)Court of Appeals for the Tenth Circuit · 2005
  5. F.H. Partners v. Investment Co. of Southwest (In Re Investment Co. of the Southwest)Bankruptcy Appellate Panel of the Tenth Circuit · 2006

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