Legal Opinion
In Re Chestnut Co., Inc.
United States Bankruptcy Court, D. South Carolina
Decided April 27, 1984No. 19-00650PublishedCited by 11 opinions
1Opinion of the Court
ORDER
J. BRATTON DAVIS, Bankruptcy Judge.
This matter comes before the court on the motion of Citizens and Southern National Bank of South Carolina (C & S) seeking relief from the automatic stay pursuant to 11 U.S.C. 1 § 362 in order that the bank may exercise its right to setoff under §§ 506 and 553. The debtor argues that because the bank is not entitled to setoff for the reason that mutuality of obligation as required by § 553 is lacking, the bank is unsecured and not entitled to relief from the automatic stay. The court disagrees.
FACTS
Chestnut Company, Inc. (the debtor) filed a petition for…
2Cases cited7 opinions
- McCollum v. Hamilton National BankSupreme Court of the United States · 1938
- Georgian Company v. BrittonSupreme Court of South Carolina · 1927
- Doctor v. Robert Lee, Inc.Supreme Court of South Carolina · 1949
- In Re Oscar Nebel Co.Court of Appeals for the Third Circuit · 1941
- In re William P. Copping Sheet Plate & Iron Works, Inc.District Court, E.D. Louisiana · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. American Bank of the Mid-Cities, N.A. (In Re Williams)United States Bankruptcy Court, N.D. Texas · 1986
- Blanton v. Prudential-Bache Securities, Inc. (In Re Blanton)United States Bankruptcy Court, E.D. Virginia · 1989
- In Re McLean Industries, Inc.United States Bankruptcy Court, S.D. New York · 1988
- In Re AllenUnited States Bankruptcy Court, N.D. Iowa · 1992
- In Re Northeastern International Airways, Inc.United States Bankruptcy Court, S.D. Florida. · 1989
6 more not listed; retrieve them via the Exa API.