Comer v. United States Social Security Administration (In Re Comer)

DECISION AND ORDER

ROSS W. KRUMM, Bankruptcy Judge.

At Roanoke in said District this 18th day of April, 2008:

The matter before the court is a complaint proceeding instituted by the above-captioned Debtors for recovery of a setoff by the United States Social Security Administration (herein the SSA) of the Debtors’ federal tax refund for the calendar year 2006 against indebtedness owed to the SSA for overpayment to the Debtors of benefits during the period from May 2002 until July 2004. The first statutory basis for recovery of the setoff asserted by the Debtors is 11 U.S.C. § 547(b). 1 The…