Legal Opinion
In re Buttrill
United States Bankruptcy Court, E.D. Tennessee
Decided March 31, 2016No. CASE NO.: 1:15-BK-10891-SDRPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
Shelley D. Rucker, UNITED STATES BANKRUPTCY JUDGE
The United States, acting on behalf of its agency the Army and Air Force Exchange Service (“AAFES”), has moved for retroactive modification of the automatic stay pursuant to 11 U.S.C. § 362(d)(1) and (2) so that it may retain $4,405 received *200from the Department of the Treasury as an offset recognized by 11 U.S.C. § 553. The Debtors oppose the relief requested on the grounds that AAFES has not proven it is entitled to an offset and that the Debtors’ claim of exemption in the refund is superior to the right of setoff. Further, the…
2Cases cited27 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- 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
- In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001
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3Cited by4 opinions
- Faasoa v. Army & Air Force Exchange Service (In re Faasoa)United States Bankruptcy Court, S.D. California · 2017
- Benson v. United States (In re Benson)United States Bankruptcy Court, W.D. Virginia · 2017
- Porter v. Internal Revenue Service (In re Porter)United States Bankruptcy Court, E.D. Virginia · 2016
- In re: William S. Kunkel, Jr. and Julie L. KunkelUnited States Bankruptcy Court, W.D. Michigan · 2018