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
Key Terms:
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 HansonHanson Law Group LLP, Petitioner
Keith Alan HansonHanson Law Group LLP, Petitioner
Social Security Administration
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent