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§ 553

Pacific Thomas Corp., In re

Ruling: 
Facility operator was authorized to offset its allowed management fee against trustee'sentitlement to recover for postpetition rents received and not turned over. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on May 28,2019, LexisNexis #0819-041

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

Wood, In re--Wood v. U.S. Dep't of Hous. & Urban Dev.

Ruling: 
Court concluded that Treasury could not circumvent bankruptcy procedures for creditors byusing its setoff right. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on March 31,2019, LexisNexis #0619-042

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

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