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IN RE RAANES

Bankruptcy No. 481-00133, Adv. No. 481-0144.

17 B.R. 164 (1982)

In re Leonard Lee RAANES, Debtor. Leonard Lee RAANES, Plaintiff, v. NATIONAL BANK OF SOUTH DAKOTA, Defendant.

United States Bankruptcy Court, D. South Dakota.

January 6, 1982.

Attorney(s) appearing for the Case

Caryl H. Abbott, Abbott & Abbott, Sioux Falls, S.D., for plaintiff.

Arlie J. Brende, Cadwell, Brende & Sanford, Sioux Falls, S.D., for defendant.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Leonard Lee Raanes, hereinafter Debtor, filed a complaint compelling turnover of assets pursuant to 11 U.S.C. §§ 543 and 544 against the National Bank of South Dakota, hereinafter Creditor. Creditor alleges its actions were not a "true setoff" as contemplated by 11 U.S.C. § 553, but a recoupment. This Court held a trial on the dispute and makes the following Memorandum Decision based upon...

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