131 F.2d 48 | 3rd Cir. | 1942
On September 2, 1941, the Mauch Chunk Brewing Company filed a petition for reor
The appellant does not dispute the given facts. Nor does it deny that if its conduct has lost it the claim of set-off, the court had the requisite jurisdiction to issue the turnover order. This being a proceeding under Chapter 10 of the Bankruptcy Act and there being no allegation or proof of the debtor’s insolvency, it is questionable whether the bank could set off the debtor’s unmatured obligation against its deposit.
Section 68 of the Bankruptcy Act allows a creditor to set off, if certain conditions of that section are met, mutual debts existing between him and the debtor.
In each of these cases the action of the creditor was considered tantamount to a renunciation of its privilege of set-off. The conduct in each instance amounted to a representation to other creditors and trustees that it did not choose to apply the funds on deposit with it to the debtor’s obligations. Having thus apparently surrendered its claim of set-off, it could not
The order of the District Court is affirmed.
11 U.S.O.A. § 501 et seep
By stipulation, $424.79, the sum deposited by the trustee after the initiation of the reorganization proceeding, was turned over by the bank to trustee without prejudice as to the balance of the funds.
D.C.M.D.Pa.1942, 43 E.Supp. 205.
See Finletler, The Law of Bankruptcy Eeorganization (1939) p. 303 et seq.; Lowden v. Northwestern National Bank & Trust Co., 1936, 298 U.S. 160, 56 S. Ct. 696, 80 L.Ed. 1114, and the same case upon remand to the Circuit Court, 8 Cir., 1936, 84 F.2d 847, certiorari denied, 1936, 299 U.S. 583, 57 S.Ct. 109, 81 L.Ed. 430.
11 U.S.C.A. § 108.
Cumberland Glass Manufacturing Company v. DeWitt and Company, 1915, 237 U.S. 447, 35 S.Ct. 636, 59 L.Ed. 1042.
May v. Henderson, 1925, 268 U.S. 111, 118, 45 S.Ct. 456, 69 L.Ed. 870; First Nat. Bank of Waco v. Sheehy, 5 Cir., 1928, 29 F.2d 400.
In re Tietje, D.C.E.D.N.Y.1920, 263 F. 917.
In re Brockton Shoe Mfg. Co., Inc., D.C.Mass.1934, 8 F.Supp. 959.
Lowdon v. Iowa-Des Moines Nat. Bank & Trust Co., D.C.S.D.Iowa 1935, 10 F.Supp. 430, affirmed, 8 Cir., 1936, 84 F.2d 856, certiorari denied. 1936, 299 U. S. 584, 57 S.Ct. 109, 81 L.Ed. 430.