- 11 U.S.C.
Anderson, In re
Aug
19
2024
Ruling
Raising of the affirmative defense of setoff by defendants in turnover proceeding did not violate the automatic stay. (Bankr. S.D. Ill.)
Issue(s)
Setoff.
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SVB Fin. Grp., In re
Aug
02
2024
Ruling
Court held petitioner's right to assert defensive setoff against potential liability to debtorwould be preserved despite plan confirmation. (Bankr. S.D.N.Y.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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- 11 U.S.C.
Global Aviation Techs. LLC, In re
Jul
19
2024
Ruling
Creditor was entitled to an order authorizing the setoff of employee retention tax credits,disclosed by debtor only postpetition, for its secured claim for a loan it made to the debtor.(Bankr. D. Kan.)
Issue(s)
Setoff.
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:
- 11 U.S.C.
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLCl
Oct
04
2023
Ruling
Court denied defendant's motion to amend affirmative defenses to include a defense of setoff.(Bankr. S.D.N.Y.)
Issue(s)
Setoff.
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- 11 U.S.C.
Zezas, In re
May
18
2023
Ruling
Motion for relief from stay to exercise setoff denied because the creditor might not have an allowed claim to set off. (Bankr. D.N.J.)
Issue(s)
Setoff.
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Judge or Jurisdiction information not available
Advanced Tissue, LLC, In re
Mar
16
2023
Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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Advanced Tissue, LLC, In re
Mar
16
2023
Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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Builders Holding Co., Corp., In re--Oriental Bank v. Builders Holding Co., Corp.
Jul
28
2022
Ruling
Bankruptcy court's decision granting summary judgment against a bank was improper asthere remained a question whether the bank's set-off was a "mutual debt." (1st Cir.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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Judge or Jurisdiction information not available
- 11 U.S.C.
France, In re
Mar
02
2022
Ruling
Trustee could not surcharge debtor's exemption to satisfy the turnover obligation or employ anoffset. (Bankr. D.S.C.)
Issue(s)
Setoff.
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Judge or Jurisdiction information not available
Fieldwood Energy LLC, In re
Feb
08
2022
Ruling
Transferee could not set off the remainder of what purchaser owed under the transferredagreement against the amount debtor owed under a second agreement that was rejected bydebtor. (Bankr. S.D. Tex.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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Court
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