IN RE DUNCAN

Bankruptcy No. 3-80-00593.

10 B.R. 13 (1980)

In re Margaret Rolen DUNCAN, Debtor. Margaret Rolen DUNCAN, Plaintiff, v. FIRST HERITAGE BANK OF LOUDON COUNTY, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

November 7, 1980.


Attorney(s) appearing for the Case

Farrell A. Levy, McDonald & Levy, P.C., Knoxville, Tenn., for plaintiff.

John O. Gibson, Loudon, Tenn., for defendant.


MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

In the present controversy the plaintiff/debtor asserts that the defendant improperly used her bank account as a setoff against a debt owed to the defendant. At issue is whether the defendant had the right to set off the deposits against an unmatured but delinquent installment debt, and if so, whether the setoff may be recovered by the debtor under 11 U.S.C. § 553(b...

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