Scherling v. Hellman Electric Corp. (In Re Westchester Structures, Inc.)

How courts have described this case

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

• “[Section 553] merely preserves for the benefit of the creditor, any right to setoff that the creditor had under applicable nonbankruptcy law” (citations omitted)
• “A contingent liability, however, is measured by uncertainty as to whether any obligation will ever arise.”
• “Section 558 of the Bankruptcy Code also -17- 1 preserves for the benefit of the estate any right to setoff the 2 debtor may have.”
• “Section 558 of the Bankruptcy Code also preserves for the benefit of the estate any right to setoff the debtor may have.”
• “There is no mutuality between [creditor’s debt] to [debtor’s related company], and Debtor’s debt to [creditor] ... because the debts are not between the same parties. Thus, they are not subject to setoff.”

Source: CourtListener parenthetical corpus (CC0).