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CITIZENS BANK OF MD. v. STRUMPF

No. 94-1340.

516 U.S. 16 (1995)

CITIZENS BANK OF MARYLAND v. STRUMPF

United States Supreme Court.

Decided October 31, 1995.

Attorney(s) appearing for the Case

Irving E. Walker argued the cause for petitioner. With him on the briefs were James R. Eyler and Jefferson V. Wright.

Miguel A. Estrada argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Argrett, Deputy Solicitor General Wallace, Kent L. Jones, and Gary D. Gray.

Roger Schlossberg argued the cause for respondent. With him on the brief were John R. Owen, Jr., Brian R. Seeber, and Gregory P. Johnson.*

Scalia, J., delivered the opinion for a unanimous Court.

Justice Scalia, delivered the opinion of the Court.

We must decide whether the creditor of a debtor in bankruptcy may, in order to protect its setoff rights, temporarily withhold payment of a debt that it owes to the debtor in bankruptcy without violating the automatic stay imposed by 11 U. S. C. § 362(a).

I

On January 25, 1991, when respondent filed for relief under Chapter 13 of the Bankruptcy Code, he had a checking account with petitioner...

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