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§ 553

Faasoa, In re--Faasoa v. Army & Air Force Exchange Serv.

Ruling
Creditor's motion to dismiss debtor's complaint granted where creditor properly exercised itsnonbankruptcy law setoff rights prepetition when the IRS intercepted debtor's taxoverpayment and applied it to the debt he owed the creditor. (Bankr. S.D. Cal.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on October 10, 2017 , LexisNexis #1117-106

Garrett, In re

Ruling
Setoff was permissible as the right of setoff existed at the time the bankruptcy petition was filed. (Bankr. S.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Consumer opinion summary, case decided on September 21, 2017 , LexisNexis #1017-109

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.)
Issue(s)
Setoff.

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Commercial opinion 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.)
Issue(s)
Setoff.

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Commercial opinion 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.)
Issue(s)
Setoff; Prepetition Setoff; Extent Recoverable by Trustee.

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Consumer opinion 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.)
Issue(s)
Setoff.

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Commercial opinion 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.)
Issue(s)
Setoff.

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Consumer opinion 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.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on November 16, 2016 , LexisNexis #1216-050

In re Hurst

Ruling
Agreement with debtor’s former spouse for division of property did not create a nondischargeable domestic support obligation.
Issue(s)
Should confirmation be denied due to failure to treat debt to former spouse as a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-010

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.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-019