In Re Eyke
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
OPINION REGARDING WHETHER PAYMENTS FROM NONCOMPET-ITION AGREEMENT ARE PROPERTY OF THE ESTATE AND WHETHER CREDITOR IS ENTITLED TO RECOUP AGAINST PAYMENTS DUE UNDER THE AGREEMENT
JAMES D. GREGG, Chief Judge.
I. ISSUES
Are postpetition payments to be made to the Debtor in accordance with a prepeti tion noncompetition agreement property of the bankruptcy estate? May the creditor which is obligated to make payments under such agreement, whether to the Debt- or or the estate, exercise recoupment to reduce or eliminate the postpetition payments?
II.JURISDICTION
The court has jurisdiction over this case…
2Cases cited20 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Segal v. RochelleSupreme Court of the United States · 1966
- In the Matter of Douglas R. Prince and Jane Prince, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1996
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
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3Cited by2 opinions
- Columbus Steel Castings Co. v. Transp. Transi, 06ap-1247 (12-13-2007)Ohio Court of Appeals · 2007
- Georgetown Steel Co. v. Capital City Insurance (In Re Georgetown Steel Co.)United States Bankruptcy Court, D. South Carolina · 2004