In re Moore
Oct
05
2007
Ruling
Creditor not entitled to relief from stay to exercise alleged right of setoff against debtor spouse's savings account.
Procedural posture
Movant creditor, a credit union, sought relief from stay per 11 U.S.C. § 362 or dismissal relative to a voluntary chapter 13 case filed by debtors, a married couple. Specifically at issue was whether the creditor was entitled to relief from stay to exercise an alleged right of setoff per 11 U.S.C. § 553(a) against debtor wife's separate savings account, by which to recoup liabilities arising by reason of debtors' joint checking account.
ABI Membership is required to access the full summary of In re Moore Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: