§ 553

WTE-S&S AG Enters., LLC, In re--WTE-S&S AG Enters., LLC v. GHD, Inc.

Ruling: 
Court ruled that setoff could be used by the creditor as a defense in order to offset a mutualdebt owed by the creditor to the debtor. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 18,2017, LexisNexis #0917-078

Gardens Reg'l Hosp. & Med. Ctr., Inc., In re

Ruling: 
California Department of Healthcare Services was entitled to withhold funds owed to debtor as the court found that the State's witholding was a permissble recoupment. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on June 21,2017, LexisNexis #0717-110

Berg, In re--Berg v. SSA

Ruling: 
Debtor was entitled to recover a setoff to the extent the Social Security Administrationimproved its position within the 90-day period preceding the debtor's bankruptcy filing.(Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on June 15,2017, LexisNexis #0717-077

Corporate Res. Servs. Inc., In re--Felton v. Noor Staffing Group, LLC

Ruling: 
Defendant may not set off its contingent claims where New York law did not recognize a rightof setoff for contingent claims and the bankruptcy code made clear that setoff was onlyavailable to the extent that the right of setoff was available under nonba (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 01,2017, LexisNexis #0417-016

Porter v. IRS (In re Porter)

Ruling: 
Debtor's motion for turnover denied as there was no improvement in the IRS' position. (Bankr.E.D. Va.)
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Consumer case opionion summary, case decided on December 28,2016, LexisNexis #0217-012

In re Parrish

Ruling: 
Inadvertent stay violation did not eliminate creditor’s right to setoff. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on November 16,2016, LexisNexis #1216-050

Edwards Specialties, Inc. v. Olive Props. (In re Edwards)

Ruling: 
Creditor could set off debtor’s judgment against judgments held against individual andcorporate debtors. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on July 06,2016, LexisNexis #1216-019

Rofeh v. Massaji (In re Massaji)

Ruling: 
Judgment debt owed by creditor to debtor could be set off against debtor’s debt to creditor.(Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 21,2016, LexisNexis #1016-124

In re Hurst

Ruling: 
Agreement with debtor’s former spouse for division of property did not create a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 08,2016, LexisNexis #0816-010

In re Spirakis

Ruling: 
Claim for which elements required for setoff could not be satisfied was not secured.
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Consumer case opionion summary, case decided on June 23,2016, LexisNexis #0716-080

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