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· 8/22/1994

In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, Trustee

Citations

  • 34 F.3d 756
  • 94 Daily Journal DAR 11740
  • 31 Collier Bankr. Cas. 2d 1430
  • 94 Cal. Daily Op. Serv. 6408
  • 74 A.F.T.R.2d (RIA) 5973
  • 1994 U.S. App. LEXIS 22598
  • 25 Bankr. Ct. Dec. (CRR) 1717
  • 1994 WL 447466

How courts have described this case

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

  • holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed
  • holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed
  • holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed
  • observing that a “bankruptcy court possesses no equitable authority to deny setoffs”
  • affirming bankruptcy court’s denial of setoff because the U.S. Forest Service had “stonewalled” on discovery and, “with knowledge of the merits of the debtor’s position,” caused eight years of litigation in numerous courts before “capitulating” on the eve of trial
  • “[E]ven if the recovery did constitute a ‘windfall,’ Acequia[, the debt- or,] has a greater equitable claim to the transferred [estate] funds than does Clinton, the wrongdoer.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin, Nelson, Hall, Circuit'Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.