Morris v. U.S. Dept. of Agric. Rural Hous. Serv. (In re Morris)
Jun
19
2013
Ruling
U.S. agency ordered to turn over setoff of tax refund only to extent it improved its position in preference period and after close of tax year.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant, the U.S. Department of Agriculture Rural Housing Service (the agency), seeking to recover under 11 U.S.C.S. § 553(b) amounts set off by the agency. The debtor moved for summary judgment, seeking the return of the amount set off, while the United States moved for summary judgment seeking to return only $519.19 to the debtor.
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Court
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