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Bankruptcy Keyed to Bussel, 12th Ed.
Citizens Bank of Maryland v. Strumpf
Citation:
516 U.S. 16 (1995)Facts
On January 25, 1991, David Strumpf filed for relief under Chapter 13 of the Bankruptcy Code. At that time, he maintained a checking account with Citizens Bank of Maryland and was in default on the remaining balance of a $5,068.75 loan from the bank. On October 2, 1991, the bank placed what it termed an “administrative hold” on Strumpf’s account up to the amount it claimed was subject to setoff, refusing to honor withdrawals that would reduce the balance below the amount owed on the loan. Five days later, the bank filed a motion for relief from the automatic stay to exercise its setoff rights. Strumpf responded by filing a motion to hold the bank in contempt, claiming the administrative hold violated the automatic stay under § 362(a).
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