· 5/20/1991
Camelback Hospital, Inc. v. Buckenmaier (In Re Buckenmaier)
Citations
- 127 B.R. 233
- 91 Daily Journal DAR 7140
- 91 Cal. Daily Op. Serv. 4600
- 1991 Bankr. LEXIS 755
- 21 Bankr. Ct. Dec. (CRR) 1276
- 1991 WL 95815
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that the two claims do not need to arise from the same transaction and may be of different character
- stating that contract and tort claims may be set off from each other
- stating that the meanings of claim and debt are coextensive
- creditor’s setoff of its contingent claim for contribution was not enjoined by Chapter 7 discharge
- “The Code does not create or expand the setoff right but instead merely preserves the common-law right under applicable non-bankruptcy law.”
- “Because the setoff right is an established part of our bankruptcy laws, it should be enforced ‘unless compelling circumstances .., ’ require otherwise.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Volinn, Ashland, Perris
Read full opinion on CourtListenerSourced 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.