Cresta v. United States (In Re Cresta)

OPINION

EMIL F. GOLDHABER, Chief Judge:

Today’s foray into bankruptcy law is to determine whether the debtor may avoid a set-off of mutual obligations effected by the Veterans Administration within the 90 day vulnerability period of 11 U.S.C. § 553. Since governing authority in this circuit holds that the Veterans Administration gained no improvement in position under 11 U.S.C. § 553(b), we will deny relief on the debtor’s complaint.

The facts surrounding the issue at bench may be succinctly stated as follows: 1 From 1979 through 1981 the Veterans Administration overpaid the debtor $13,347.26 in…