In Re Flagstaff Realty Associates

How courts have described this case

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

• concluding that “[e]ven if statutory grounds were not available, we hold that the doctrine of recoupment would provide relief to tenant”
• concluding that “[e]ven if statutory grounds were not available, we hold that the doctrine of recoupment would provide relief to tenant”
• allowing tenant, named in landlord’s reorganization plan as unsecured creditor without special rights, to recoup money expended on repairs even though tenant did not challenge or seek stay of reorganization plan
• “A claim subject to recoupment avoids the usual bankruptcy channels and thus, in essence, is given priority over other creditors’ claims.”
• post- 7 petition funds owing to the landlord may be recouped against pre-petition claims owed by 8 the landlord even if the creditor did not object to the plan or seek a stay pending appeal

Source: CourtListener parenthetical corpus (CC0).