· 3/25/1981
Bonney Motor Express, Inc. v. United States
Citations
- 640 F.2d 646
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Social Security benefits were “entitlements” rather than contractual rights, and denying recoupment against postpetition benefits
- holding that the counterclaim must be so closely related that it “is essentially a defense”
- stating that “pre-petition claims against the debtor cannot be setoff [sic] against post-petition debts to the debtor.”
- stating that recoupment is appropriate where “the creditor’s claim against the debtor arises from the same transaction as the debtor’s claim ... [and] is essentially a defense to the debtor’s claim against the creditor rather than a mutual obligation.”
- declining to construe the recoupment doctrine so broadly as to run afoul of Social Security’s “primary purpose” to provide “income security”
- declining to construe the recoupment doctrine so broadly as to run afoul of Social Security’s “primary purpose” to provide “income security”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Roney, Simpson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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