Myers, In re
Dec
31
2018
Ruling
Debtors could not recover setoff of debtors' tax refund as there was no improvement in thecreditor's position within the 90-day pre-petition period. (Bankr. E.D.N.C.)
Issue(s)
Setoff; Pre-petition Setoff.
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Court
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Judge or Jurisdiction information not available
Hurt, In re--Hurt v. United States Dep't of Housing & Urban Dev't
Dec
27
2017
Ruling
Section 553(b) did not allow recovery by the trustee as there was no reduction in thedefendant's insufficiency. (Bankr. W.D. Va.)
Issue(s)
Setoff; Prepetition Setoff.
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Court
:
- 11 U.S.C.
Berg, In re--Berg v. SSA
Jun
15
2017
Ruling
Debtor was entitled to recover a setoff to the extent the Social Security Administrationimproved its position within the 90-day period preceding the debtor's bankruptcy filing.(Bankr. W.D. Wis.)
Issue(s)
Setoff; Prepetition Setoff; Extent Recoverable by Trustee.
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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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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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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.
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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.
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:
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."
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Comer v. United States SSA (In re Comer)
Apr
18
2008
Ruling
Debtor could not recover valid setoff against tax refund by Social Security Administration.
Procedural posture
Plaintiff chapter 7 debtors filed a complaint against the United States Social Security Administration (SSA), seeking to recover, pursuant to 11 U.S.C.S. § 547 and § 553(b), a setoff by the SSA of the debtors' federal tax refund against indebtedness owed to the SSA for overpayment of Social Security benefits.
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Court
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