§ 553

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

Fu, In re

Ruling: 
Debtor's discharge did not bar cross-claims asserted as setoffs as debtor had not disputed thevalidity of judgment and had not yet attempted to undermine the merits of the cross-claims.(Bankr. N.D. Cal.)HOLDINGS; [1]-A judgment creditor's collection efforts against a third party did not appear, at the earlystages of the pending litigation, to violate a debtor's discharge injunction because a sole spouse's Chapter7 discharge generally insulated pre-petition community property from discharged pre-petitioncommunity claims, and the creditor's declaratory relief request was to determine the bonafides of thedebtor's divorce, and if the divorce was a sham; [2]-The debtor's discharge did not bar cross-claimsasserted in pending state litigation to the extent they were asserted as setoffs under 11 U.S.C. § 553because the debtor had not disputed the validity of a judgment held by the creditor asserting the crossclaims and had not yet attempted to undermine the merits of the cross-claims.Fu, In re, 2020 Bankr. LEXIS 2514 (Bankr. N.D. Cal. September 25, 2020) (Novack, B.J.).
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-014

Copley v. United States

Ruling: 
District court erred in affirming bankruptcy court's judgment where government's right ofoffset was not affected by debtors' right to exempt the overpayment. (4th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 12,2020, LexisNexis #0620-093

Nat'l Promoters & Servs., In re--Nat'l Promoters & Servs. v. Multinational Life Ins. Co.

Ruling: 
Filing a proof of claim is not a prerequisite to asserting the right of setoff solely to satisfy anobligation owed to debtor. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 06,2020, LexisNexis #0620-017

Morris, In re

Ruling: 
Government's motion granted where confirmation did not bar a subsequent and otherwisevalid assertion of setoff rights.(Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on March 16,2020, LexisNexis #0420-091

Myers, In re

Ruling: 
Debtors could not recover setoff of debtors' tax refund as there was no improvement in thecreditor's position within the 90-day pre-petition period. (Bankr. E.D.N.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 31,2018, LexisNexis #1119-069

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.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 31,2019, LexisNexis #0619-042

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