Legal Opinion

Damas v. United States ex rel. Colvin (In re Damas)

United States Bankruptcy Court, D. Massachusetts

Decided January 6, 2014No. Bankruptcy No. 12-15313-FJB; Adversary No. 12-1331PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

FRANK J. BAILEY, Bankruptcy Judge.

By their complaint in this adversary proceeding, the plaintiffs and chapter 7 debtors, James Damas (“Damas”) and Maria Kolettis (“Kolettis”), seek under 11 U.S.C. §§ 553(b) and 547(b) to recover three setoffs of Supplemental Security Disability Insurance (“SSDI”) benefits owed by the Social Security Administration to Damas against and in partial satisfaction of a reciprocal debt owed by Damas to *292SSA on account of earlier benefit overpay-ments. The matter is before the Court on cross motions for…

2Cases cited11 opinions

  1. McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
  2. Dana Blackie v. State of MaineCourt of Appeals for the First Circuit · 1996
  3. Triangle Trading Co. v. Robroy Industries, Inc.Court of Appeals for the First Circuit · 1999
  4. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  5. 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by5 opinions

  1. Sarachek v. Luana Savings BankDistrict Court, N.D. Iowa · 2016
  2. Berg v. Social Security Administration (In re Berg)United States Bankruptcy Court, W.D. Wisconsin · 2017
  3. Porter v. Internal Revenue Service (In re Porter)United States Bankruptcy Court, E.D. Virginia · 2016
  4. Avery v. Leya Technologies, LLCUnited States Bankruptcy Court, C.D. California · 2020
  5. Meuers Law Firm v. Reasor'sCourt of Appeals for the Tenth Circuit · 2019

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