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IN RE CRESTA

Bankruptcy No. 84-00198G, Adv. No. 84-0205G.

51 B.R. 127 (1985)

In re Joseph CRESTA and Cynthia Cresta, Debtors. Joseph CRESTA, Plaintiff, v. UNITED STATES of America, and Michael Cibik, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 16, 1985.

Attorney(s) appearing for the Case

Mark A. Kaufman, Delaware County Legal Assistance, Chester, Pa., for debtor/plaintiff, Joseph Cresta.

Edward S.G. Dennis, Jr., U.S. Atty., Michael L. Martinez, Asst. U.S. Atty., Alexander Ewing, Jr., Asst. U.S. Atty. Chief, Civ. Div., Philadelphia, Pa. for defendant, U.S.

Michael Cibik, Philadelphia, Pa., for trustee/defendant.

OPINION

EMIL F. GOLDHABER, Chief Judge:

Today's foray into bankruptcy law is to determine whether the debtor may avoid a set-off of mutual obligations effected by the Veterans Administration within the 90 day vulnerability period of 11 U.S.C. § 553. Since governing authority in this circuit holds that the Veterans Administration gained no improvement in position under 11 U.S.C. § 553(b), we will deny relief on the debtor's complaint.

The...

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