MATTER OF AMERICAN SUNLAKE LTD. PARTNERSHIP

Bankruptcy No. GG 89-01196.

109 B.R. 727 (1989)

In the Matter of AMERICAN SUNLAKE LIMITED PARTNERSHIP, Debtor.

United States Bankruptcy Court, W.D. Michigan.

December 19, 1989.


Attorney(s) appearing for the Case

James Engbers, Grand Rapids, Mich., for American Sunlake Ltd. Partnership, debtor.

Troy Taylor, and Brian Page, Grand Rapids, Mich., for Wilder Corp. of Delaware.

Perry Pastula, Wyoming, Mich., for unsecured creditors' committee.


OPINION RESPECTING RECOUPMENT OR SETOFF

JAMES D. GREGG, Bankruptcy Judge.

ISSUES

The issues before the Court are whether Wilder Corporation of Delaware ("Wilder") is entitled to utilize either (1) the equitable remedy of recoupment, or (2) setoff as governed by the Bankruptcy Code, to reduce the amount of liabilities it presently owes to the Debtor. The secondary issue before the Court is whether relief from the automatic stay imposed by 11 U.S...

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