- 11 U.S.C.
Wood, In re--Wood v. U.S. Dep't of Hous. & Urban Dev.
Mar
31
2019
Ruling
Court concluded that Treasury could not circumvent bankruptcy procedures for creditors byusing its setoff right. (Bankr. S.D. W. Va.)
Issue(s)
Setoff.
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:
Judge or Jurisdiction information not available
Myers, In re
Dec
31
2018
Ruling
Debtors could not recover setoff of debtors' tax refund as there was no improvement in thecreditor's position within the 90-day pre-petition period. (Bankr. E.D.N.C.)
Issue(s)
Setoff; Pre-petition Setoff.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.
Aug
13
2018
Ruling
Trustee’s complaint seeking to avoid a pre-petition setoff was dismissed for trustee's failure to plead a § 553 insufficiency claim. (Bankr. D. Del.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Cranberry Growers Coop., In re
Jun
27
2018
Ruling
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Cranberry Growers Coop., In re
Jun
27
2018
Ruling
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
Issue(s)
Setoff.
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:
Summerfield, In re
Apr
06
2018
Ruling
Creditor may attempt to set off a discharged debt against the amount he owed to the debtoras none of the exceptions in § 553 applied. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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:
Summerfield, In re
Apr
06
2018
Ruling
Court denied debtor's motion for an order enjoining her ex-husband from prosecuting theaction he filed in the Illinois circuit court. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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:
Hurt, In re--Hurt v. United States Dep't of Housing & Urban Dev't
Dec
27
2017
Ruling
Section 553(b) did not allow recovery by the trustee as there was no reduction in thedefendant's insufficiency. (Bankr. W.D. Va.)
Issue(s)
Setoff; Prepetition Setoff.
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Cook Inlet Energy, LLC, In re
Nov
16
2017
Ruling
Court deemed that the State of Alaska did not have the right to offset its liability to debtor by amounts owed to it by codebtor where proposed offsets involved separate entities in different capacities and mutuality was lacking. (Bankr. D. Alaska)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
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Alliance Well Serv., LLC, In re--Alliance Well Serv., LLC v. J.S. Ward & Son, Inc.
Oct
27
2017
Ruling
Debts could not be offset where creditor's obligation to forward the refund to debtor arose post-petition. (Bankr. D.N.M.)
Issue(s)
Setoff.
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