Riley v. United States Dept of Agric. Rural Dev. (In re Riley)
Jun
07
2012
Ruling
Turnover of intercepted tax refund granted as USDA RHS had improved its position during look back period and could not exercise right of setoff.
Procedural posture
Chapter 7 debtors filed a motion for summary judgment in their adversary proceeding against defendant United States, on behalf of its agency, the United States Department of Agriculture, Rural Housing Service (USDA RHS), seeking a turnover of a federal income tax refund intercepted by USDA RHS as an offset pursuant to 11 U.S.C.S. § 553(a) to monies owed by the debtors.
ABI Membership is required to access the full summary of Riley v. United States Dept of Agric. Rural Dev. (In re Riley) 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 WL Homes LLC
May
16
2012
Ruling
Relief from stay denied where creditor insurance company did not establish right to setoff.
Procedural posture
Before the court was a Motion for Relief from the Automatic Stay filed by an insurance company. The company held roughly $2.2 million in insurance premium overpayments--called a "return premium"--that belonged to debtor under a pre-bankruptcy insurance policy. The chapter 7 trustee and some homeowners objected to the lift stay motion.
ABI Membership is required to access the full summary of In re WL Homes LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Goodman
Feb
17
2012
Ruling
Retroactive Social Security Income benefits intercepted by the Social Security Administration and applied to overpayment could be recovered for the estate.
Procedural posture
Pursuant to 11 U.S.C.S. § 553(b), debtor filed a motion for turnover of Social Security Insurance (SSI) benefits in the amount of $7,414.
ABI Membership is required to access the full summary of In re Goodman 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 Lehman Bros. Inc.
Oct
04
2011
Ruling
Bank ordered to turn over collateral held under terminated swap agreement, which could not be used to satisfy debts owed to affiliate.
Procedural posture
Debtor declared chapter 11 bankruptcy, and a federal district court issued a liquidation order and approved the appointment of a trustee under the Securities Investor Protection Act of 1970, 15 U.S.C.S. § 78aaa et seq. The trustee sought an order requiring a bank to turn over collateral it held that belonged to the debtor, and the bank filed a cross-motion for an order enforcing an agreement it entered with the debtor.
ABI Membership is required to access the full summary of In re Lehman Bros. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Regal Fin. Bank v. Heaton (In re Heaton)
May
23
2011
Ruling
Creditor could not set off postpetition assessment of debtor's attorneys' fees against its prepetition claim against debtor.
Procedural posture
Defendant Chapter 11 debtors were prevailing parties in plaintiff creditor's complaint seeking to render nondischargeable a debt evidenced by two pre-bankruptcy commercial guaranties in the creditors' favor. The debtors moved for an award of attorney's fees against the creditor pursuant to an attorney's fees clause in the commercial guaranties.
ABI Membership is required to access the full summary of Regal Fin. Bank v. Heaton (In re Heaton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ogle v. United States Dept of Agric. (In re Ogle)
Feb
14
2011
Ruling
Postpetition setoff could not be recovered.
Procedural posture
The matters before the court for decision were plaintiff debtors' First Amended Complaint (FAC) in this adversary proceeding and defendant U.S. Department of Agriculture's Rural Housing Service's (RHS) Motion for Relief from Stay and Setoff in attendant "Bankr. No. 10-50113."
ABI Membership is required to access the full summary of Ogle v. United States Dept of Agric. (In re Ogle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bank of America v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)
Nov
16
2010
Ruling
Setoff by bank of funds in debtor's overdraft security account against unrelated debts violated stay.
Procedural posture
Plaintiff clearing bank brought an adversary proceeding against defendant bankruptcy debtor, a large securities broker, seeking a declaration that the bank properly set off funds in a security account for overdrafts against unrelated debts of the debtor, or that retroactive relief from the automatic bankruptcy stay was warranted. The bank and the debtor cross-moved for summary judgment.
ABI Membership is required to access the full summary of Bank of America v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Telligenix Corp.
Sep
23
2010
Ruling
Lessor's administrative expense claim for postpetition rent was not subject to setoff.
Procedural posture
Debtor filed a chapter 11 bankruptcy case. The debtor moved to treat a lessor's administrative claim as a pre-petition claim for purposes of set-off under 11 U.S.C.S. § 553.
ABI Membership is required to access the full summary of In re Telligenix Corp. 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 Lehman Bros. Holdings Inc.
May
05
2010
Ruling
Creditor ordered to turn over funds held pursuant to master credit swap agreement.
Procedural posture
Movant debtors sought an order enforcing the automatic stay and compelling the payment of certain funds held by respondent creditor in a general deposit account. The debtors asserted that the creditor could not exercise a setoff under 11 U.S.C.S. § 553 or the exceptions under 11 U.S.C.S. §§ 560(a) and 561(a), and that its freeze of the debtors' funds violated the automatic stay under 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of In re Lehman Bros. Holdings Inc. 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 England Motor Co.
Jan
19
2010
Ruling
Relief from stay granted to the extent creditor bank could set off debtor subsidiary's account against debtor parent's debt.
Procedural posture
Bankruptcy debtors were a parent corporation and two subsidiaries, the parent obtained loans from a bank but did not have an account at the bank, and the subsidiaries had deposit accounts at the bank. The bank moved for relief from the automatic bankruptcy stay to allow the bank to set off amounts deposited in the subsidiaries' accounts against the parent's loan debt to the bank under 11 U.S.C.S. § 553.
ABI Membership is required to access the full summary of In re England Motor Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: