Bankr. No.:
05-40627
Adv. No.:
05-4067
Chapter:
7
Date of Decision:
December 1, 2006
Issue:
Whether Debtor-Defendant could set off an alleged pre-petition claim against Plaintiff against Plaintiff’s nondischargeable claim against Debtor-Defendant?
Ruling:
Debtor-Defendant’s alleged pre-petition claim against Plaintiff belonged to the bankruptcy estate, not Debtor-Defendant. Thus, Debtor-Defendant had no claim to set off against Plaintiff’s nondischargeable claim.
Full Bankruptcy Court Decision: