SVB Fin. Grp., In re
Aug
02
2024
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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Court
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Advanced Tissue, LLC, In re
Mar
16
2023
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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Court
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Advanced Tissue, LLC, In re
Mar
16
2023
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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Court
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Builders Holding Co., Corp., In re--Oriental Bank v. Builders Holding Co., Corp.
Jul
28
2022
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
Fieldwood Energy LLC, In re
Feb
08
2022
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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Court
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Pitner, In re--Seifert v. United States Dep't of Educ.
Nov
02
2021
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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Court
:
Copley v. United States
May
12
2020
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
Rivera, In re--Wiscovitch-Rentas v. Banco Popular De P.R.
Apr
30
2019
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
Summerfield, In re
Apr
06
2018
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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Court
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Summerfield, In re
Apr
06
2018
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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Court
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