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Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC)

Ruling: 
Creditor contractor allowed setoff of prepetition debt against amount owed to debtor subcontractor.
Procedural posture: 
Plaintiff, chapter 7 Trustee of the bankruptcy estate of debtor subcontractor (the sub), initiated this construction litigation seeking to collect $1,667,945, plus attorneys' fees, costs and interest, from defendant prime contractor (the prime). The prime asserted certain defenses and sought a setoff of any amounts owed.
Issue: 
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-094