§ 553

Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.

Ruling: 
Trustee’s complaint seeking to avoid a pre-petition setoff was dismissed for trustee's failure to plead a § 553 insufficiency claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-109

Cranberry Growers Coop., In re

Ruling: 
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
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Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-020

Cranberry Growers Coop., In re

Ruling: 
Debtor's motion for summary judgment granted on the purchaser's assertion of the rights ofrecoupment and setoff where debtor's claim against the purchaser arose post-petition and wasnot eligible for setoff. (Bankr. W.D. Wis.)
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Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-020

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

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

Hurt, In re--Hurt v. United States Dep't of Housing & Urban Dev't

Ruling: 
Section 553(b) did not allow recovery by the trustee as there was no reduction in thedefendant's insufficiency. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 27,2017, LexisNexis #0218-022

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

Alliance Well Serv., LLC, In re--Alliance Well Serv., LLC v. J.S. Ward & Son, Inc.

Ruling: 
Debts could not be offset where creditor's obligation to forward the refund to debtor arose post-petition. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on October 27,2017, LexisNexis #1217-049

Faasoa, In re--Faasoa v. Army & Air Force Exchange Serv.

Ruling: 
Creditor's motion to dismiss debtor's complaint granted where creditor properly exercised itsnonbankruptcy law setoff rights prepetition when the IRS intercepted debtor's taxoverpayment and applied it to the debt he owed the creditor. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on October 10,2017, LexisNexis #1117-106

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

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