Couture v. Pawtucket Credit Union

I concur with the majority with respect to their analysis of the Federal Bankruptcy Code as it may affect a creditor’s right of setoff. I am in agreement that setoff is a matter of state law.

However, I think that we should be somewhat more skeptical of the right of a bank, by means of an adhesion contract, to seize the life savings of an elderly couple who made the mistake of placing their son’s name on a joint account. See Donartelli v. Fleet National Bank, 692 A.2d 339, 340 (R.I.1997) (mem.) (“the general rule that joint bank accounts may be seized by creditors of one of the depositors is…