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Legal Opinion

Lee v. Schweiker

Court of Appeals for the Third Circuit

Decided June 29, 1984No. 83-1564PublishedCited by 230 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents two technical issues of bankruptcy law. The first involves the extent to which the doctrine of recoupment allows the Social Security Administration (“SSA”) to continue recovering a pre-bankruptcy overpayment from the benefit checks of a debtor after she has filed a Chapter 13 petition, in spite of the automatic stay created by 11 U.S.C. § 362. The second involves the application of the limitation on setoffs contained in 11 U.S.C. § 553(b), known as the “improvement in position test,” to the situation in which the SSA agrees to…

2Cases cited21 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
  3. In Re Monongahela Rye Liquors, Inc.Court of Appeals for the Third Circuit · 1944
  4. In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  5. In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982

16 more not listed; retrieve them via the Exa API.

3Cited by230 opinions

  1. Reiter v. CooperSupreme Court of the United States · 1993
  2. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
  3. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
  4. Conoco, Inc. v. StylerCourt of Appeals for the Tenth Circuit · 1996
  5. In Re Luisa V. AnesCourt of Appeals for the Third Circuit · 1999

225 more not listed; retrieve them via the Exa API.

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