Legal Opinion

Matter of Lundell Farms

United States Bankruptcy Court, W.D. Wisconsin

Decided May 13, 1988No. 1-19-10266PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

This matter raises the issue of whether Commodity Credit Corporation may exercise a claimed right of setoff against property of the bankruptcy estate. The debtor and various of its general partners have sought to use the disputed funds in their farming operations and have resisted the setoff.

The resolution of legal issues has been hindered by incomplete evidence. One fact that can be stated with certainty is that on October 1, 1987, Lundell Farms, a partnership, commenced a case under chapter 11 of the Bankruptcy Code. The exact composition of…

2Cases cited38 opinions

  1. Michele Portmann, Doing Business as Grafica, an Individual v. United StatesCourt of Appeals for the Seventh Circuit · 1982
  2. Trw, Inc., and Horace A. Shepard v. The Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1981
  3. In Re Braniff Airways, Inc.United States Bankruptcy Court, N.D. Texas · 1984
  4. Bank of Sun Prairie v. OpsteinWisconsin Supreme Court · 1979
  5. Carl Bolander & Sons Inc. v. United Stockyards Corp.Supreme Court of Minnesota · 1974

33 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
  2. United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
  3. United States Ex Rel. Farmers Home Administration v. Evatt (In Re Evatt)District Court, W.D. Oklahoma · 1990
  4. In Re AllenUnited States Bankruptcy Court, N.D. Iowa · 1992
  5. Kroh Operating Ltd. Partnership v. Barnett Bank of Southwest Florida (In Re Kroh Bros. Development Co.)United States Bankruptcy Court, W.D. Missouri · 1989

5 more not listed; retrieve them via the Exa API.

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