Oregon Ex Rel. SAIF Corp. v. Harmon (In Re Harmon)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
YOLINN, Bankruptcy Judge:
OVERVIEW
Appellant, State Accident Insurance Fund Corporation (SAIF), is liable to the debtor for compensation for a permanent partial disability she suffers due to a work-related injury. SAIF seeks to reduce the amount of the award by a sum equal to an excess of temporary disability payments which SAIF overpaid to the debtor on her claim. 1 On cross-motions for summary judgment, the bankruptcy court determined that the over-payments could not constitute a setoff under 11 U.S.C. § 553, 2 nor could SAIF deduct the overpayments by way of recoupment. It entered a…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- Thompson v. Board of Trustees (In Re Thompson)United States Bankruptcy Court, E.D. Virginia · 1995
- Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
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3Cited by40 opinions
- 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
- Folger Adam Security, Inc. v. Dematteis/Macgregor, JvCourt of Appeals for the Third Circuit · 2000
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, TrusteeCourt of Appeals for the D.C. Circuit · 1997
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
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