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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.