United States v. Midwest Service & Supply Co. (In Re Midwest Service & Supply Co.)

How courts have described this case

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

• stating that “[a] single contract must be considered one transaction”
• allowing recoupment of progress payments in excess of the work performed
• recoupment allowed against amounts due for work continued postpetition on construction or repair contracts to recover excess progress payments made prepetition
• pre-petition progress payments on construction contracts made in excess of value of work performed pre-petition recouped against post-petition work completing those contracts
• debtor and creditor need not have sought court approval of the bankruptcy court; as long as the debtor continues to receive the benefits under a contract, it must also bear the burdens
• Debtor in possession postpetition continued to perform under the contracts with the government, thereby effectively assuming the contract, which justified the use of the recoupment doctrine

Source: CourtListener parenthetical corpus (CC0).