Jarboe v. United States Small Business Administration (In Re Hancock)

How courts have described this case

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

• indicating that it is idle to pretend that Federal government agencies are not the same
• lengthy discussion of origin and principles of setoff, relevance of third parties’ rights and mutuality requirement as applied to different governmental agencies
• court may compel trustee to prosecute or re-vest claim in debtor where trustee refuses to act
• “This Court believes itself bound by [United States] Supreme Court precedent and by bankruptcy statute, legislative intent and policy to take into account the interests of all creditors, not just of the one claiming setoff”
• the SBA and the IRS different entities for setoff purposes
• “Where there is payment, by definition there is no setoff.”

Source: CourtListener parenthetical corpus (CC0).