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§ 553(a)

SVB Fin. Grp., In re

Ruling
Court held petitioner's right to assert defensive setoff against potential liability to debtorwould be preserved despite plan confirmation. (Bankr. S.D.N.Y.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-016

Advanced Tissue, LLC, In re

Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on March 16, 2023 , LexisNexis #0523-039

Advanced Tissue, LLC, In re

Ruling
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on March 16, 2023 , LexisNexis #0523-039

Builders Holding Co., Corp., In re--Oriental Bank v. Builders Holding Co., Corp.

Ruling
Bankruptcy court's decision granting summary judgment against a bank was improper asthere remained a question whether the bank's set-off was a "mutual debt." (1st Cir.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 28, 2022 , LexisNexis #0922-042

Fieldwood Energy LLC, In re

Ruling
Transferee could not set off the remainder of what purchaser owed under the transferredagreement against the amount debtor owed under a second agreement that was rejected bydebtor. (Bankr. S.D. Tex.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on February 08, 2022 , LexisNexis #0322-093

Pitner, In re--Seifert v. United States Dep't of Educ.

Ruling
Trustee was not entitled to recover part of debtor's income tax overpayment as the governmenthad a right to setoff and the validity of that right could not be questioned under nonbankruptcy law. (Bankr. N.D. Ind.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Consumer opinion summary, case decided on November 02, 2021 , LexisNexis #0122-016

Copley v. United States

Ruling
District court erred in affirming bankruptcy court's judgment where government's right ofoffset was not affected by debtors' right to exempt the overpayment. (4th Cir.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 12, 2020 , LexisNexis #0620-093

Rivera, In re--Wiscovitch-Rentas v. Banco Popular De P.R.

Ruling
Setoff was not permitted absent the required mutuality for a right to setoff. (B.A.P. 1st Cir.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 30, 2019 , LexisNexis #0719-021

Summerfield, In re

Ruling
Creditor may attempt to set off a discharged debt against the amount he owed to the debtoras none of the exceptions in § 553 applied. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0618-078

Summerfield, In re

Ruling
Court denied debtor's motion for an order enjoining her ex-husband from prosecuting theaction he filed in the Illinois circuit court. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0618-054