Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles Welton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that equitable doctrine of recoupment in bankruptcy context “permit[s] a creditor to offset a claim that arises from the same transaction as the debtor’s claim without reliance on the setoff provisions and limitations of section 553”
• noting that setoff requires that “each debt be valid and enforceable”
• allowing an offset under doctrine of recoupment because it would be inequitable for party to enjoy benefits of transaction without meeting its obligations
• upholding recoupment where both debts arose from the same arbitration award
• also noting that “[m]ost cases hold that a valid setoff claim cannot be defeated by a discharge in bankruptcy.”
• also noting most cases hold that a valid setoff claim cannot be defeated by a discharge in bankruptcy

Source: CourtListener parenthetical corpus (CC0).