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Comer v. U.S. Social Security Admin. (In re Comer) (Case No. 07-70908; A.P. No. 07-07062) 4/18/2008

Debtors may not utilize section 522(h) to recover under section 553(b) the setoff of the debtors’ income tax refund against the prepetition claim of the SSA for overpayment of social security benefits because the insufficiency on the date of the setoff was not less than the insufficiency ninety days before the date of the filing of the debtors’ petition.  Debtors could not utilize section 547 for purposes of recovery of the setoff unless the setoff was not valid.

Date: 
Friday, April 18, 2008
Category: 
Adversary Proceedings
Preference
Tax Issues
Chapter: 
7