§ 553

Zezas, In re

Ruling: 
Motion for relief from stay to exercise setoff denied because the creditor might not have an allowed claim to set off. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 18,2023, LexisNexis #0723-040

Advanced Tissue, LLC, In re

Ruling: 
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on March 16,2023, LexisNexis #0523-039

Advanced Tissue, LLC, In re

Ruling: 
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on March 16,2023, LexisNexis #0523-039

Builders Holding Co., Corp., In re--Oriental Bank v. Builders Holding Co., Corp.

Ruling: 
Bankruptcy court's decision granting summary judgment against a bank was improper asthere remained a question whether the bank's set-off was a "mutual debt." (1st Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 28,2022, LexisNexis #0922-042

France, In re

Ruling: 
Trustee could not surcharge debtor's exemption to satisfy the turnover obligation or employ anoffset. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-088

Fieldwood Energy LLC, In re

Ruling: 
Transferee could not set off the remainder of what purchaser owed under the transferredagreement against the amount debtor owed under a second agreement that was rejected bydebtor. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 08,2022, LexisNexis #0322-093

Pitner, In re--Seifert v. United States Dep't of Educ.

Ruling: 
Trustee was not entitled to recover part of debtor's income tax overpayment as the governmenthad a right to setoff and the validity of that right could not be questioned under nonbankruptcy law. (Bankr. N.D. Ind.)
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Consumer case opionion summary, case decided on November 02,2021, LexisNexis #0122-016

Orexigen Therapeutics, Inc., In re

Ruling: 
Court denied the parent company's request to set off its debt as the company was seeking atriangular setoff, but § 553 required strict bilateral mutuality. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 19,2021, LexisNexis #0521-013

E. Coast Custom Coaches, Inc., In re

Ruling: 
Judgment for the trustee and against setoff was warranted based on preclusive effect of statecourt judgment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 11,2020, LexisNexis #0121-089

Draft Bars LLC, In re--Draft Bars LLC v. Anheuser-Busch LLC

Ruling: 
Defendants in debtor’s breach of contract proceeding could setoff any mutual, pre-petitiondebts owed absent any genuine dispute regarding the right to setoff. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on September 29,2020, LexisNexis #1120-043

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