No. 18-668
Peggy Berg v. Social Security Administration
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
Key Terms:
SocialSecurity
SocialSecurity
Latest Conference:
2019-01-11
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
Question Presented (OCR Extract)
QUESTION PRESENTED 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)?
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 Hanson — Hanson Law Group LLP, Petitioner
Keith Alan Hanson — Hanson Law Group LLP, Petitioner
Social Security Administration
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent