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Topic

Set-off

21 published works

  1. In Solvency

    Court Reiterates that Debtor’s Setoff Rights Trump those of Claimant

    By Fox Rothschild LLP

    In the bankruptcy case of ADI Liquidation, Inc. (f/k/a AWI Delaware, Inc.), Bankr. No. 14-12092 (KJC), the Court considered a motion by creditor Western Family Foods, Inc. (“WFFI”) for relief…

  2. Delaware Bankruptcy Update

    Court Reiterates that Debtor’s Setoff Rights Trump those of Claimant

    By Fox Rothschild LLP

    In the bankruptcy case of ADI Liquidation, Inc. (f/k/a AWI Delaware, Inc.), Bankr. No. 14-12092 (KJC), the Court considered a motion by creditor Western Family Foods, Inc. (“WFFI”) for relief…

  3. The Appellate Strategist

    Illinois Supreme Court Agrees to Decide Whether a Motion for Setoff Stops the Time to Appeal From Running

    By Kirk Jenkins

    It’s one of the most fundamental rules of appellate practice: the notice of appeal has to be timely filed, or the appellate court is without jurisdiction to do anything other…

  4. Sixth Circuit Appellate Blog

    Sixth Circuit Reverses Abstention Order

    By Squire Patton Boggs

    In a case chocked full of civil procedure intrigue, the Sixth Circuit yesterday reversed an order abstaining from deciding a setoff counterclaim in connection with a breach of contract dispute.  …

  5. Georgia Bankruptcy Blog

    ND Ga – Judge Drake Holds Bank Had Prepetition Right To Setoff Even In Absence of Formal Demand Or Default

    By Sunghee Sohn

    In re MCB Financial Group, Inc., Case No. 10-11176-WHD, 2011 Bankr. LEXIS 5502 (Bankr. N.D. Ga. March 31, 2011) (click here for .pdf of order) In 2008, Debtor MCB Financial…

  6. Banking & Finance Law Report

    RECOUPMENT AND SETOFF ISSUES FOR HEALTH CARE LENDERS

    By Porter Wright

    Health care lenders and others evaluating or relying on the financial strength of a healthcare provider need to think about the potential recoupment and setoff of claims against Medicare/Medicaid receivables…

  7. Texas Employment Law Update

    Fifth Circuit Holds that FLSA Action Is Improper Forum for Employer to Seek Set-Off Against Wage and Overtime Claims

    By Russell Cawyer

    Employers often consider asserting counterclaims against employees who file lawsuits against them.  Most lawyers representing employers counsel against filing counterclaims except in exceptional cases (e.g., an employee’s theft of trade…

  8. In Solvency

    Decision in SemCrude Interprets “Mutuality” Requirement for Setoffs Under Section 553 of the Bankruptcy Code

    By Fox Rothschild LLP, Fox Rothschild LLP

    Introduction The Bankruptcy Code allows for the setoff of "mutual debts" in a bankruptcy proceeding under 11 U.S.C. 553(a).  Section 553 makes no reference to non-mutual debts, which courts interpret to…

  9. Delaware Bankruptcy Update

    Decision in SemCrude Interprets “Mutuality” Requirement for Setoffs Under Section 553 of the Bankruptcy Code

    By Fox Rothschild LLP

    Introduction The Bankruptcy Code allows for the setoff of "mutual debts" in a bankruptcy proceeding under 11 U.S.C. 553(a).  Section 553 makes no reference to non-mutual debts, which courts interpret to…

  10. Georgia Bankruptcy Blog

    Ga App. – Party Who Settled Claim And Released Debtor Cannot Later Make Recoupment or Set-Off Claim For Same Debt

    By Sunghee Sohn

    Hill v. Green Tree Servicing, Inc., A06--0530, 2006 Ga. App. LEXIS 771 (Ga. App June 26, 2006) - Prior to this action,  Borrower, the owner of a residential mobile home,…