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Donna Jones v. Richard Michael Jones (In re Richard Michael Jones and Christine Ann Jones)

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: