Camelback Hospital, Inc. v. Buckenmaier (In Re Buckenmaier)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
Appellant Camelback Hospital, Inc. (“Camelback” or “Hospital”) appeals from an order which bars its contingent claim for contribution against debtor Edward Buckenmaier (“Buckenmaier”). Camel-back’s principal contention is that it should be permitted to setoff its contribution claim against any monies Buckenmaier may potentially recover in his own action now pending against Camelback.
We reverse and remand for the purpose of entering an order consistent with this opinion.
FACTUAL BACKGROUND
On March 26, 1985, Buckenmaier admitted himself to Camelback…
2Cases cited21 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- 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
- In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1986
- In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
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3Cited by41 opinions
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- In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
- In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001
- In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
- United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
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