Skip to main content
· 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 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.