In Re Archer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that turnover of cash collateral to avoid violation of automatic stay did not extinguish a security interest which was perfected at the time of filing
• finding where bank had mistakenly turned over property it did not intentionally waive its right of setoff
• finding where bank had mistakenly turned over property it did not intentionally waive its right of setoff
• “There is nothing in § 506, nor elsewhere in the Code, that indicates that continued possession is required to maintain the secured claim.”
• fully liquidated and undisputed bank deposits to be offset against outstanding loan

Source: CourtListener parenthetical corpus (CC0).

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

• Small Business Administration v. Harold Rinehart Marilyn Rinehart
  Eighth Circuit· 1989-10-06· cited 92×
• Williams v. American Bank of the Mid-Cities, N.A. (In Re Williams)
  N.D. Texas· 1986-06-10· cited 52×
• Ladd v. Motor City Plastics Co.
  Michigan Court of Appeals· 2013-10-31· cited 48×
• Davis Erection Co., Inc. v. Jorgensen
  Nebraska Supreme Court· 1995-06-30· cited 36×
• Hoffman v. Portland Bank (In Re Hoffman)
  W.D. Arkansas· 1985-05-30· cited 36×
• Crispell v. Landmark Bank (In Re Crispell)
  E.D. Missouri· 1987-05-19· cited 25×
• Chick Smith Ford, Inc. v. Ford Motor Credit Co. (In Re Chick Smith Ford, Inc.)
  M.D. Florida· 1985-01-09· cited 24×
• In Re Kleather
  S.D. Ohio· 1997-04-09· cited 21×
• Holder v. Wilson (In Re Wilson)
  N.D. Texas· 1985-01-24· cited 19×
• United States v. Ruff (In Re Rush-Hampton Industries, Inc.)
  Eleventh Circuit· 1996-10-28· cited 18×
• In Re The Charter Company
  Eleventh Circuit· 1990-10-11· cited 16×
• Tenderloin Health v. Bank of the West
  Ninth Circuit· 2017-03-07· cited 14×
• In Re Gehrke
  N.D. Iowa· 1993-05-07· cited 11×
• Heckathorn Construction Co. v. Bass Mechanical Contractors, Inc. (In Re Bass Mechanical Contractors, Inc.)
  W.D. Arkansas· 1988-03-23· cited 8×
• In Re Stephenson
  N.D. Texas· 1988-03-21· cited 8×
• United Seeds, Inc. v. Eagle Green Corp.
  Nebraska Supreme Court· 1986-07-03· cited 7×
• Public Service Co. of New Hampshire v. New Hampshire Electric Cooperative, Inc. (In re Public Service Co. of New Hampshire)
  First Circuit· 1989-08-24· cited 7×
• First National Bank of Litchfield v. O'Neil (In Re Litchfield Construction Management, Inc.)
  D. Connecticut· 1992-02-12· cited 6×
• Connolly v. City of Houston (In re Western Integrated Networks, LLC)
  D. Colorado· 2005-06-30· cited 6×
• Charter Crude Oil Co. v. Exxon Co. (In re Charter Co.)
  Eleventh Circuit· 1990-10-11· cited 4×

Cites

6 cases in this archive are cited by this case.

• George P. Baker, Trustees of the Property of Penn Central Transportation Company v. National City Bank of Cleveland
  Sixth Circuit· 1975-02-13· cited 70×
• Belfance v. Bancohio/National Bank (In Re McCormick)
  N.D. Ohio· 1980-09-03· cited 66×
• Kenney's Franchise Corp. v. Central Fidelity Bank NA, Lynchburg
  W.D. Virginia· 1982-08-24· cited 34×
• Cusanno v. Fidelity Bank (In Re Cusanno)
  E.D. Pennsylvania· 1982-03-02· cited 26×
• Matter of Gazelle, Inc.
  W.D. Wisconsin· 1982-02-04· cited 20×
• Executive Associates, Inc. v. Southern National Bank (In Re Executive Associates, Inc.)
  S.D. Texas· 1982-11-03· cited 18×