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
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- 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
- In Re MaineUnited States Bankruptcy Court, W.D. New York · 1983
- In Re Mu'minUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
- Bannan v. Board of ReviewNew Jersey Superior Court Appellate Division · 1997
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3Cited by3 opinions
- In Re NixonUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
- In Re O'NeilDistrict Court, D. Nebraska · 2008
- Steven Aleckna v.Court of Appeals for the Third Circuit · 2021