· 3/16/1990
In the Matter of Alden D. Holford, Debtor. Alden D. Holford v. Melvin Lane Powers A/K/A Mel Powers and Mel Powers D/B/A Mel Powers Investment Builder
Citations
- 896 F.2d 176
- 22 Collier Bankr. Cas. 2d 1097
- 1990 U.S. App. LEXIS 3773
- 20 Bankr. Ct. Dec. (CRR) 416
- 1990 WL 17625
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]o the extent the damages equal or exceed the funds withheld, the debtor has no interest in the funds and, therefore, the stay has not been violated.”
- “We also reject the district court’s holding that the uncertainty of the fraud damages owed bars recoupment. Because most recoupment cases arise in adversarial proceedings in the bankruptcy court, the ‘amount to be recouped’ is almost always in question.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Garza, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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