In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of Labor

How courts have described this case

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

• holding that, in bankruptcy, “transaction” is given a more restricted definition than in the context of compulsory counterclaims under the rules of civil procedure
• noting that the debtor had “not been accused of willful wrongdoing” and that the “lack of fraud” tipped the equities in the debtor’s favor against re-coupment
• noting that a credit and an obligation arising “from a set of reciprocal contractual obligations or from the same set of facts” are part of the same transaction
• denying the State's claim for recoupment for overpayments of unemployment insurance benefits made to a Chapter 13 debtor stating that it could not \stretch the requirement of a single transaction . . . to a lifetime government insurance scheme\
• “The automatic stay is inapplicable, because funds subject to recoupment are not the debtor’s property.”
• “Recoupment, in contrast, comes into bankruptcy law through the common law, rather than by statute”

Source: CourtListener parenthetical corpus (CC0).