- 11 U.S.C.
In re Spirakis
Jun
23
2016
Ruling
Claim for which elements required for setoff could not be satisfied was not secured.
Issue(s)
Should debtor’s objection to secured portion of creditor’s claim be sustained?
ABI Membership is required to access the full summary of In re Spirakis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rofeh v. Massaji (In re Massaji)
Mar
21
2016
Ruling
Judgment debt owed by creditor to debtor could be set off against debtor’s debt to creditor.(Bankr. C.D. Cal.)
Issue(s)
Could creditor’s judgment debt owed to debtor be set off against creditor’s claim against debtor?
ABI Membership is required to access the full summary of Rofeh v. Massaji (In re Massaji) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Schmalenberg
Sep
17
2015
Ruling
Debtors' postconfirmation claims for setoff were barred by res judicata.
Issue(s)
Could debtors claim a setoff on creditor's claim after plan confirmation?
ABI Membership is required to access the full summary of In re Schmalenberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gladys Ragsdale Trust v. Tostige (In re Tostige)
Sep
15
2015
Ruling
Trust's right of setoff against debtor beneficiary's future distributions survived discharge.
Issue(s)
Did trust have a right of recoupment and/or setoff against any debt it owed to debtor of debtor's debt to the trust, which would survive discharge?
ABI Membership is required to access the full summary of Gladys Ragsdale Trust v. Tostige (In re Tostige) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ahmad v. United States SSA (In re Ahmad)
Aug
24
2015
Ruling
Prepetition setoff of Social Security retirement benefits was not avoidable.
Issue(s)
Could debtor recover retirement benefits withheld by the Social Security Administration due to overpayment?
ABI Membership is required to access the full summary of Ahmad v. United States SSA (In re Ahmad) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Thelen LLP v. Fontana (In re Thelen LLP)
Aug
21
2015
Ruling
Trustee's recovery of partner's draw payments in excess of income subject to offset of excess capital contribution.
Issue(s)
Was trustee entitled to recover draw payments received in excess of income by debtor law firm's partner and was partner entitled to an offset for excess contributions?
ABI Membership is required to access the full summary of Thelen LLP v. Fontana (In re Thelen LLP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Louisiana Office of Cmty. Dev. v. Celebrity Contrs. Inc. (In re Celebrity Contrs. Inc.)
Nov
25
2014
Ruling
Debtor corporation's claim against state as third party beneficiary could not be set off against state's own claim.
Issue(s)
Should debtor contractor's third party beneficiary claim against state for work elevating homes located in flood plain by offset by state's claim for recovery of payment for work contractor never performed?
ABI Membership is required to access the full summary of Louisiana Office of Cmty. Dev. v. Celebrity Contrs. Inc. (In re Celebrity Contrs. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Angell v. Mansour (In re Britt Motorsports LLC)
Oct
22
2014
Ruling
Jury trial of avoidance proceeding denied due to transferees' assertion of setoff defense.
Issue(s)
Did creditors have the right to a jury trial of trustee's avoidance proceeding?
ABI Membership is required to access the full summary of Angell v. Mansour (In re Britt Motorsports LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Angell v. Larabee (In re Tanglewood Farms Inc.)
May
23
2014
Ruling
Transfers were not avoidable due where transferee was entitled to an offset against larger amount owed by debtor.
Issue(s)
Were allegedly preferential transfers by debtor to soybean grower avoidable or were the payments covered by the ordinary course of business exception?
ABI Membership is required to access the full summary of Angell v. Larabee (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reed
Oct
29
2013
Ruling
Relief from stay granted to allow setoff of postpetition tax refund against tax liability.
Issue(s)
Could IRS setoff postpetition tax refund against its priority tax claim .
ABI Membership is required to access the full summary of In re Reed Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: