Apr
30
2019
Rivera, In re--Wiscovitch-Rentas v. Banco Popular De P.R.
Ruling:
Setoff was not permitted absent the required mutuality for a right to setoff. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-021
Apr
06
2018
Summerfield, In re
Ruling:
Creditor may attempt to set off a discharged debt against the amount he owed to the debtoras none of the exceptions in § 553 applied. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0618-078
Apr
06
2018
Summerfield, In re
Ruling:
Court denied debtor's motion for an order enjoining her ex-husband from prosecuting theaction he filed in the Illinois circuit court. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0618-054
Nov
16
2017
Cook Inlet Energy, LLC, In re
Ruling:
Court deemed that the State of Alaska did not have the right to offset its liability to debtor by amounts owed to it by codebtor where proposed offsets involved separate entities in different capacities and mutuality was lacking. (Bankr. D. Alaska)
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Commercial case opionion summary, case decided on November 16,2017, LexisNexis #1217-112
Sep
21
2017
Garrett, In re
Ruling:
Setoff was permissible as the right of setoff existed at the time the bankruptcy petition was filed. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 21,2017, LexisNexis #1017-109
Jul
08
2016
In re Hurst
Ruling:
Agreement with debtor’s former spouse for division of property did not create a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 08,2016, LexisNexis #0816-010
May
23
2014
Angell v. Larabee (In re Tanglewood Farms Inc.)
Ruling:
Transfers were not avoidable due where transferee was entitled to an offset against larger amount owed by debtor.
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Commercial case opionion summary, case decided on May 23,2014, LexisNexis #0614-098
Oct
29
2013
In re Reed
Ruling:
Relief from stay granted to allow setoff of postpetition tax refund against tax liability.
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Consumer case opionion summary, case decided on October 29,2013, LexisNexis #1113-091
Aug
30
2012
Holber v. Suffolk Constr. Co. (In re Red Rock Servs. Co. LLC)
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.
Ruling:
Creditor contractor allowed setoff of prepetition debt against amount owed to debtor subcontractor.
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-094
May
23
2011
Regal Fin. Bank v. Heaton (In re Heaton)
Defendant Chapter 11 debtors were prevailing parties in plaintiff creditor's complaint seeking to render nondischargeable a debt evidenced by two pre-bankruptcy commercial guaranties in the creditors' favor. The debtors moved for an award of attorney's fees against the creditor pursuant to an attorney's fees clause in the commercial guaranties.
Ruling:
Creditor could not set off postpetition assessment of debtor's attorneys' fees against its prepetition claim against debtor.
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Consumer case opionion summary, case decided on May 23,2011, LexisNexis #0611-129
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