Legal Opinion

In Re McWilliams

United States Bankruptcy Court, D. New Jersey

Decided April 2, 2008No. 19-11726PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DONALD H. STECKROTH, Bankruptcy Judge.

On or about November 13, 2005, James and Coretta McWilliams (hereinafter “Debtors”) filed a motion for turnover of unemployment benefits. The Debtors argue that the New Jersey Department of Labor and Workforce Development, Unemployment Insurance (hereinafter “NJDOL”) wrongfully withheld post-petition unemployment benefits as a setoff against a pre-petition debt in violation of the automatic stay. The NJDOL filed opposition to the Debtors’ motion arguing that the withholding of unemployment benefits is a recoupment not subject to the automatic stay,…

2Cases cited9 opinions

  1. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  2. In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of LaborCourt of Appeals for the Second Circuit · 1998
  3. In Re MaineUnited States Bankruptcy Court, W.D. New York · 1983
  4. In Re Mu'minUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  5. Bannan v. Board of ReviewNew Jersey Superior Court Appellate Division · 1997

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

3Cited by3 opinions

  1. In Re NixonUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  2. In Re O'NeilDistrict Court, D. Nebraska · 2008
  3. Steven Aleckna v.Court of Appeals for the Third Circuit · 2021

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