Legal Opinion
Faasoa v. Army & Air Force Exchange Service (In re Faasoa)
United States Bankruptcy Court, S.D. California
Decided October 10, 2017No. Bankruptcy Case No. 17-02558-CL7; Adversary Proceeding No. 17-90153-CLPublishedCited by 6 opinions
1Opinion of the Court
CHRISTOPHER B. LATHAM, JUDGE United States Bankruptcy Court
MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT
Before the court is defendant Army & Air Force Exchange Service’s motion to dismiss under Rule 12(b)(6). Prepetition, plaintiff Jubilee Faasoa incurred credit card debt to Defendant. He then filed his 2016 federal income tax return, expecting a refund. But the U.S. Department of the Treasury intercepted the tax overpayment and applied it to the debt he owed Defendant. No funds remained once the setoff was complete. Plaintiff consequently did not receive a tax refund. And despite…
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