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Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)

Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)

Ruling
Creditor not entitled to setoff against preference claim.
Procedural posture

Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.

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Commercial opinion summary, case decided on October 29, 2012 , LexisNexis #1112-096