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§ 558

Stirlen, In re--Karass v. Stirlen

Ruling
Debtor guarantor could assert a guaranteed party’s setoff defense to allegedlynondischargeable debt. (Bankr. N.D. Ill.)
Issue(s)
Defenses of the Estate.

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Consumer opinion summary, case decided on April 30, 2020 , LexisNexis #0620-067

In re Sears

Ruling
Objection to claims based on postpetition defenses were precluded.
Issue(s)
Was debtor precluded from raising objections to creditor's proofs of claim that had previously been adjudicated in the bankruptcy of company in which debtor was a shareholder?

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Consumer opinion summary, case decided on August 29, 2014 , LexisNexis #0914-125

In re Larkin

Ruling
Trustee's settlement of foreclosure disapproved as trustee could not waive debtor's defenses.
Procedural posture

This matter came before the court upon the Motion to Approve Stipulation to Compromise Controversy filed by the chapter 7 Trustee and debtor's Objection thereto. The Trustee sought an order approving a settlement with the mortgage lender holding a lien on debtor's homestead.

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Consumer opinion summary, case decided on March 30, 2012 , LexisNexis #0512-059

In re Circuit City Stores Inc.

Ruling
Debtors allowed to setoff receivables against administrative expense claims.
Procedural posture

Bankruptcy debtors which operated consumer electronics retail outlets objected to administrative expense claims filed by certain claimants, and the debtors sought authority under 11 U.S.C.S. § 558 to set off the amounts of receivables due from the claimants against the claimants' administrative expenses.

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Commercial opinion summary, case decided on December 03, 2009 , LexisNexis #0110-091

In re Women First Healthcare Inc.

Ruling
Creditor's motion to compel payment of escrow funds was denied since debtor had setoff rights.
Procedural posture

Movant creditor filed a motion to compel payment of escrow funds from debtor's chapter 11 estate. The motion was opposed by debtor and the trustee for a liquidating trust that held all of debtor's assets, pursuant to a reorganization plan approved by the court.

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opinion summary, case decided on February 06, 2006 , LexisNexis #0806-062