Legal Opinion

In Re Moore

United States Bankruptcy Court, W.D. Arkansas

Decided October 5, 2007No. 2:07-bk-70963Published

1Opinion of the Court

ORDER

BEN T. BARRY, Bankruptcy Judge.

Before the Court is a Motion for Relief From Stay, or in the Alternative, Motion to Dismiss filed by Arkansas Best Federal Credit Union [Arkansas Best] on June 19, 2007, in the above case. Arkansas Best requests relief from the automatic stay to exercise an alleged right of setoff regarding two accounts the debtors have with Arkansas Best. The Court held a hearing on August 2, 2007. At the conclusion of the testimony, the Court took the matter under advisement. For the reasons stated below, the Court denies Arkansas Best’s motion.

This Court has jurisdiction…

2Cases cited5 opinions

  1. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  2. Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989
  3. Matter of Nickerson & Nickerson, Inc.United States Bankruptcy Court, D. Nebraska · 1986
  4. United States v. Krause (In Re Krause)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. In Re Davicter Enterprises, Inc.United States Bankruptcy Court, S.D. Illinois · 2000

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