- 11 U.S.C.
Harrison v. United States Dept of Agriculture Rural Dev. (In re Harrison)
Mar
13
2008
Ruling
Prepetition setoff payment to U.S. Department of Agriculture Rural Development was not preferential.
Procedural posture
Plaintiff debtors filed for relief under chapter 7 of the United States Bankruptcy Code and received a discharge in bankruptcy. The debtors filed an action against defendant, the United States Department of Agriculture Rural Development (RD), claiming that a pre-petition setoff payment to their loan from RD was a preferential transfer that was subject to turnover under 11 U.S.C.S. §§ 522 and 547. The parties sought summary judgment.
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Court
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