Bankr. No.:
87-10326
Adv. No.:
87-1042
Chapter:
12
Date of Decision:
November 18, 1988
Issue:
(Reconsideration of opinion filed 7-7-89) Whether the application of ASCS-CCC benefits owed to the Debtors against an SBA claim against the Debtors constituted an avoidable improvement of position under Section 553(b).
Ruling:
The Court Ruled that it did not. Question whether the perfection of the right to offset versus the date of the inter-agency transferal was the date of offset was left unanswered as irrelevant. Rinehart, 76 B.R. at 748; 88 B.R. at 1015, 1017; 7 C.F.R. §§13.1, 13.4(f), 13.6; 13 C.F.R. §140.5.
Full Bankruptcy Court Decision:
