528) Although a lien interferes with setoffs
in the absence of section 151, the very purpose of section 151 is to permit post-lien advances to be used in setoffs
41) In the same vein, it would be improper to allow a setoff
post-verdict because it is contrary to [section] 786.
57) Where there is a post-verdict reduction, it is common that there is a setoff
for any costs or premiums paid by, or on behalf of, the plaintiff to obtain the collateral benefits.
issued by Commerce at the direction of the Court of International Trade is vacated.
The Bankruptcy Court upheld Delphi's setoff
rights, subject to restrictions imposed by the Bankruptcy Code to the extent the setoff
rights arose during the 90 days prior to USAT's bankruptcy filing when USAT was insolvent.
The court held that the resolution of the issues in controversy required the bankruptcy court to interpret conflicting sections of the Bankruptcy Code and to determine the proper scope of the parties' rights to dischargeability, exemption, and setoff
Having limited the workers compensation setoff
to one amount, the Illinois Court also needed to determine the manner in which the $196,000 setoff
would be allocated.
Adjustments in favor of the taxpayer under subsection 247(2) ("transfer pricing capital setoff
adjustments" and "transfer pricing income setoff
When the debt finally becomes due, the debtor is empowered to declare a setoff
of the debt (narrowly defined).
In other words, silence in the final judgment is not enough because silence might merely mean that the issue of credits and setoffs
was never presented to and/or addressed by the court.
By this argument, there would be no setoffs
Pointing to 1997 amendments to the New Jersey Surplus Lines Insurance Guaranty Fund Act, which required that parties seeking recovery from the fund must first exhaust their rights under any other solvent insurance policy against which they have a claim, and that any amount payable by the fund on a "covered claim" is reduced by the amount of recovery from other insurance policies, the fund argued that any amounts attributable to the State Security policy should be subject to a setoff
in the amount from Sayre's other insurers.