Legal Opinion

United States v. Johnson (In re Johnson)

District Court, E.D. Illinois

Decided March 12, 2018No. Case No. 17 C 5224PublishedCited by 6 opinions

1Opinion of the Court

MATTHEW F. KENNELLY, United States District Judge

To recover retirement benefits that John L. Johnson fraudulently obtained, the Social Security Administration (SSA) began to withhold disability-related benefits he was receiving from a separate program. After Johnson declared bankruptcy, the government asked the bankruptcy court to confirm that it could continue to withhold funds irrespective of the automatic stay under 11 U.S.C. § 362(a). The SSA argued that it could continue to withhold Johnson's disability benefit payments despite the automatic stay, because the withholding was a recoupment…

2Cases cited14 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  3. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  4. Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990
  5. In the Matter Of: Warren C. Chappell and Barbara A. Chappell, Doing Business as Mister Photographer, Debtors, Appeal Of: Homebanc, IncorporatedCourt of Appeals for the Seventh Circuit · 1993

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3Cited by6 opinions

  1. In re ThigpenUnited States Bankruptcy Court, N.D. Illinois · 2019
  2. Chern v. LayngDistrict Court, N.D. Illinois · 2021
  3. Karras v. StirlenUnited States Bankruptcy Court, N.D. Illinois · 2020
  4. Social Security Administration v. LoganDistrict Court, N.D. Illinois · 2020
  5. Social Security Administration v. LoganDistrict Court, N.D. Illinois · 2020

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

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