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IN RE HANKERSON

Bankruptcy Nos. 91-12263S, 91-13760S, Adv. Nos. 91-0790S, 91-0672S.

133 B.R. 711 (1991)

In re Gail J. HANKERSON, Debtor. Gail J. HANKERSON, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION and United States Internal Revenue Service, Defendants. In re Cheryl PETTIS, Debtor. Cheryl PETTIS, Plaintiff, v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, United States Department of Education, Mitchell W. Miller, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 12, 1991.

Attorney(s) appearing for the Case

Alan M. White, Community Legal Services, Inc., Philadelphia, Pa., for Hankerson.

Michael Donahue, Community Legal Services, Inc., Philadelphia, Pa., for Pettis.

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for federal defendants.

K. Kevin Murphy, PHEAA, Harrisburg, Pa., for PHEAA.

Charles Coyne, Fell & Spalding, Philadelphia, Pa., trustee in Hankerson case.

Mitchell W. Miller, Philadelphia, Pa., defendant-trustee in Pettis case.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, Pa.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

These two proceedings present the same question: may a debtor recover a setoff of a tax refund by the United States Internal Revenue Service ("the IRS"), pursuant to 31 U.S.C. § 3720A(c) and 26 U.S.C. § 6402(d)(1), against a student loan obligation owed by the debtor to the United States Department of Education ("the DOE") occurring within 90 days of the bankruptcy filing? We answer...

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