Bankr. No.:
00-40225
Chapter:
12
Date of Decision:
December 8, 2000
Issue:
Whether CCC may exercise a right of setoff following confirmation of a plan that makes no mention of the right of setoff?
Ruling:
Where the debtor and CCC agree to the specific treatment of CCC's claim under the confirmed plan and where the treatment does not provide for CCC's right of setoff, CCC was found to have waived its right of setoff.
Full Bankruptcy Court Decision:
