Legal Opinion
In Re Capps
United States Bankruptcy Court, D. Nebraska
Decided July 3, 2000No. 19-80141PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
In this contested matter, the bankruptcy debtors seek an order requiring their bank to turnover social security proceeds that were setoff before this bankruptcy case was commenced. The debtors’ motion for turnover is sustained. 1
FACTS
On September 8, 1997, the debtor, Sharon Kay Capps, executed a promissory note and security agreement in favor of Five Points Bank (the “Bank”). The note, inter alia, granted the Bank a security interest in and a right to setoff against Ms. Capps’ bank accounts in the event of default. Ms. Capps defaulted on the…
2Cases cited7 opinions
- Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
- Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
- Bertha Tom v. First American Credit UnionCourt of Appeals for the First Circuit · 1998
- Frazier v. Marine Midland Bank, N.A.District Court, W.D. New York · 1988
- In Re Vary EstateMichigan Supreme Court · 1977
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3Cited by4 opinions
- Hambrick v. First Security BankDistrict Court, E.D. Arkansas · 2004
- In Re WardUnited States Bankruptcy Court, N.D. Georgia · 2011
- Marengo v. First Massachusetts Bank, N.A.District Court, D. Massachusetts · 2001
- Lakewood Credit Union v. GoodrichCourt of Appeals of Wisconsin · 2016