- 11 U.S.C.
Jahn v. U.S. Xpress Inc. (In re Transcommunications Inc.)
Dec
04
2006
Ruling
Payments withheld by creditor for debtor's telephone services were not avoidable to the extent they consituted a setoff for overcharges.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, alleging that a lack of payment by the creditor for the debtor's telecommunications services during the 90 days prior to the debtor's bankruptcy petition constituted a setoff which was avoidable by the trustee pursuant to 11 U.S.C. § 553. The bankruptcy court conducted a trial.
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Court
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