· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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