Legal Opinion

Feltman v. Noor Staffing Group, LLC (In re Corporate Resource Services, Inc.)

United States Bankruptcy Court, S.D. New York

Decided March 1, 2017No. Case No. 15-12329 (MG) (Jointly Administered); Adv. Pro. Case No. 16-01037 (MG)PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER STRIKING DEFENDANTS’ DEFENSE UNDER BANKRUPTCY CODE § 553

MARTIN GLENN UNITED STATES BANKRUPTCY JUDGE

The issue before the Court is whether the defendants may assert a right of setoff under Bankruptcy Code section 553 for admittedly contingent claims. The defendants assert setoff as a defense in this adversary proceeding; they also assert a right to set off against any judgment entered against them in this adversary proceeding the amount of any of their contingent claims allowed in the claims allowance process. The parties have fully briefed the issue1 and both sides…

2Cases cited22 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
  4. United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
  5. McCollum v. Hamilton National BankSupreme Court of the United States · 1938

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3Cited by7 opinions

  1. Andrew B ZezasUnited States Bankruptcy Court, D. New Jersey · 2023
  2. Fieldwood Energy LLC and The Official Committee of Unsecured CreditorsUnited States Bankruptcy Court, S.D. Texas · 2022
  3. In re: The Great Atlantic & Pacific Tea Company, Inc., et al. v. McKesson CorporationUnited States Bankruptcy Court, S.D. New York · 2026
  4. In re: The Great Atlantic & Pacific Tea Company, Inc., et al. v. McKesson CorporationUnited States Bankruptcy Court, S.D. New York · 2026
  5. Rancher's Legacy Meat Co.United States Bankruptcy Court, D. Minnesota · 2021

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

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