- 11 U.S.C.
In re Farinacci
Dec
06
2012
Ruling
Preference period setoff that did not improve creditor's position could not be avoided.
Procedural posture
Plaintiff chapter 7 trustee claimed that defendants improperly setoff a debt owed to them by the debtor within the 90-day preference period and also asserted that the setoff was avoidable pursuant to 11 U.S.C.S. § 553. The trustee and defendants filed cross-motions for summary judgment.
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Court
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