The Ninth Circuit Bankruptcy Appellate Panel held that the Social Security Administration’s withholding of post-petition benefits to satisfy the debtor’s prepetition obligation to repay overpayments qualifies as recoupment...more
“Can an unsecured creditor be better off when the debtor defaults rather than paying off the debt? Yes: Law can be stranger than fiction in the Preference Zone.”—Ninth Circuit Untimely payment by tenants and other obligors...more
“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons. Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent...more