MATTER OF UNITED SCIENCES OF AMERICA, INC.

No. 89-1457 Summary Calendar.

893 F.2d 720 (1990)

In the Matter of UNITED SCIENCES OF AMERICA, INC., Debtor. Daniel J. SHERMAN, Appellant, v. FIRST CITY BANK OF DALLAS, Appellee.

United States Court of Appeals, Fifth Circuit.

February 6, 1990.


Attorney(s) appearing for the Case

Toby L. Gerber, Bruce W. Akerly, Johnson & Swanson, Dallas, Tex., for appellant.

John F. Maxfield, Stigall & Maxfield, Dallas, Tex., for appellee.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this bankruptcy appeal we must decide whether a bank obtains an impermissible set-off in violation of 11 U.S.C. § 553(a) when it exercises its contractual right during the prohibitive period to debit "chargebacks" against the commercial account of a merchant depositor for credit card refunds. The appellant Sherman contends that the district court erred in holding that the appellee First City Bank did not violate 11 U.S.C. §...

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