No. 18-668

Peggy Berg v. Social Security Administration

Lower Court: Seventh Circuit
Docketed: 2018-11-21
Status: Denied
Type: Paid
Response Waived
Tags: absolute-debt bankruptcy bankruptcy-code bankruptcy-code-section-553(b) circuit-split creditor-rights debt-setoff fifth-circuit mutual-debt setoff seventh-circuit statutory-interpretation third-circuit
Latest Conference: 2019-01-11
Question Presented (from Petition)

Under Bankruptcy Code Section 553(b), regarding when "a creditor offsets a mutual debt owing" and "the date of such setoff," does this require that the debt be "absolutely owed" (as the Fifth Circuit held) or can a setoff occur at some earlier time, even where conditions such as continued disability and survival through a later date have not yet occurred (as the Third and Seventh Circuits held)?

Question Presented (AI Summary)

Whether Bankruptcy Code Section 553(b) requires that a debt be 'absolutely owed' for a setoff to occur, or whether a setoff can occur at an earlier time even where conditions such as continued disability and survival through a later date have not yet occurred

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-14
Waiver of right of respondent Social Security Administration to respond filed.
2018-11-15
Petition for a writ of certiorari filed. (Response due December 21, 2018)

Attorneys

Peggy Berg
Keith Alan HansonHanson Law Group LLP, Petitioner
Social Security Administration
Noel J. FranciscoSolicitor General, Respondent