1. Home
  2. Browse Decisions
  3. B.R.
  4. 309 B.R.
  5. 309 B.R. 577 (2004)
 

IN RE HAYNES

Bankruptcy No. 2-00-01858-PHX-RJH. Adversary No. 02-00135.

309 B.R. 577 (2004)

In re Richard M. HAYNES and Victoria A. Haynes, Debtors. Robert J. Davis, Chapter 7 Trustee, Plaintiff, v. Wells Fargo & Company, a Delaware corporation, Defendant.

United States Bankruptcy Court, D. Arizona.

April 21, 2004.

Attorney(s) appearing for the Case

Randy Nussbaum, Jaburg & Wilk PC, Scottsdale, AZ, for Debtors.

Edwin P. Lee, Law Office of Edwin Lee PC, Phoenix, AZ, for Trustee, Plaintiff.

Philip G. Mitchell, William F. Begley, Craig J. Bolton, Jennings Haug & Cunningham, Phoenix, AZ, for Defendant.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

The Court must here determine whether a debtor's depository bank may exercise a setoff right to apply a debtor's deposit toward an unsecured obligation owed to the bank, when the debtor deposited the funds with specific direction that they be applied to reduce another, secured debt owed the bank. The Court concludes that the bank's setoff is avoidable by the trustee...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases