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IN RE B & L OIL CO.

No. 83-2404.

782 F.2d 155 (1986)

In re B & L OIL COMPANY, Debtor, ASHLAND PETROLEUM COMPANY, Plaintiff-Appellant, v. Garry R. APPEL, Trustee for B & L Oil Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 29, 1986.

Attorney(s) appearing for the Case

Claire E. Holmes (Carl A. Eklund with her on the brief) of Smart, DeFurio, Eklund & McClure, Denver, Colo., for plaintiff-appellant.

Garry R. Appel of Rothgerber, Appel & Powers, Denver, Colo., for defendant-appellee.

Before LOGAN and SETH, Circuit Judges.

LOGAN, Circuit Judge.

This appeal involves a dispute between the parties to an oil division order. The question presented is whether a creditor can recoup overpayments made before the debtor's filing for bankruptcy by withholding money owed for purchases that the creditor made from the debtor after bankruptcy. The bankruptcy court and the district court refused to allow the creditor to recoup overpayments under these circumstances. We have jurisdiction of this matter...

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