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 .
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Court
:
- 11 U.S.C.
Redmond v. IGT Inc. (In re GMJ Global Logistics Inc.)
Oct
10
2013
Ruling
Shipper could offset debtor's claim for unpaid invoices against claims for breach of contract and indemnification.
Issue(s)
Whether a shipper was liable to debtor broker for invoices that the shipper did not pay where the shipper paid the debtor for prior invoices and the debtor did not pay the carriers, requiring the shipper to pay the carriers directly.
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Court
:
- 11 U.S.C.
Redmond v. IGT Inc. (In re Gmj Global Logistics Inc.)
Sep
24
2013
Ruling
Claims by shipper could be setoff against claims of estate.
Issue(s)
Was shipper that checked "prepaid" on bill of lading entitled to entitled to setoff against claim by estate of debtor that contracted as carrier but actually acted as broker, contracting with other carriers to transport shipper's products.
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Court
:
Tusa-Expo Holdings Inc. v. Knoll Inc.
Aug
05
2013
Ruling
Preference period payments on prepetition invoices were not avoidable but prepetition receivables were avoidable as impermissible setoffs.
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Court
:
- 11 U.S.C.
In re Hollis
Jul
30
2013
Ruling
USDA setoff against tax refund did not violate stay given lack of notice of filing.
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Morris v. U.S. Dept. of Agric. Rural Hous. Serv. (In re Morris)
Jun
19
2013
Ruling
U.S. agency ordered to turn over setoff of tax refund only to extent it improved its position in preference period and after close of tax year.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant, the U.S. Department of Agriculture Rural Housing Service (the agency), seeking to recover under 11 U.S.C.S. § 553(b) amounts set off by the agency. The debtor moved for summary judgment, seeking the return of the amount set off, while the United States moved for summary judgment seeking to return only $519.19 to the debtor.
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Court
:
- 11 U.S.C.
Damas v. United States (In re Damas)
Jan
06
2013
Ruling
Debtor not entitled to recover offset of Social Security payments.
Issue(s)
Were debtors entitled to recover three setoffs of Social Security disability benefits in partial satisfaction of debt owed on account of earlier benefit overpayments.
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Court
:
- 11 U.S.C.
In re Farinacci
Dec
06
2012
Ruling
Preference period setoff that did not improve creditor's position could not be avoided.
Procedural posture
Plaintiff chapter 7 trustee claimed that defendants improperly setoff a debt owed to them by the debtor within the 90-day preference period and also asserted that the setoff was avoidable pursuant to 11 U.S.C.S. § 553. The trustee and defendants filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)
Oct
29
2012
Ruling
Creditor not entitled to setoff against preference claim.
Procedural posture
Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.
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:
Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC)
Aug
30
2012
Ruling
Creditor contractor allowed setoff of prepetition debt against amount owed to debtor subcontractor.
Procedural posture
Plaintiff, chapter 7 Trustee of the bankruptcy estate of debtor subcontractor (the sub), initiated this construction litigation seeking to collect $1,667,945, plus attorneys' fees, costs and interest, from defendant prime contractor (the prime). The prime asserted certain defenses and sought a setoff of any amounts owed.
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Court
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