Case Summary:
Debtor filed a Chapter 13 petition on August 7, 2014. The Court entered a final decree on January 21, 2015. On August 4, 2016, Debtor moved to reopen her bankruptcy and filed the present adversary case to unwind the Social Security Administration’s (“SSA”) prepetition setoff of her social security disability benefits. The Court concluded under 11 U.S.C. § 553(b) that the SSA improved its insufficient position during the 90-day setoff period prescribed under the statute.
Statute/Rule References:
11 U.S.C. § 522(h) -- Exemptions
11 U.S.C. § 553 -- Setoff
Key Terms:
Setoff
File:
Date:
Thursday, June 15, 2017