United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. Woodward

How courts have described this case

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

• stating that the drafters recognized that the exercise of set off would inhibit the ability for all creditors to share equally in the distribution
• debtor appeared to be a Pennsylvania resident, therefore court looked to Pennsylvania law for definition of setoff
• “Whether or not to allow setoff pursuant to § 553 is left to the sound discretion of the bankruptcy court.”
• “Section 553 does not create a right of setoff ... substantive law, usually state law, determines the validity of that right.”
• retention of a post-petition refund due to the debtor by the IRS constitutes a setoff
• courts have “broad equitable discretion” in recognizing set off rights defined by the common law

Source: CourtListener parenthetical corpus (CC0).