U.S. v. MAXWELL

No. 97-3108.

157 F.3d 1099 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Andrew MAXWELL, not individually but as Trustee of the Estate of Pyramid Industries, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1998.

Rehearing Denied November 25, 1998.


Attorney(s) appearing for the Case

Thomas P. Walsh, Office of U.S. Atty., Civil Division, Chicago, IL, William Kanter, Sandra Wien Simon (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for United States.

Timothy J. McGonegle, Law Offices of Andrew J. Maxwell, Chicago, IL, for Andrew J. Maxwell.

Robert C. Samko (argued), Chicago, IL, for All American Corp.

Peter G. Swan, Emalfarb, Swan & Bain, Highland Park, IL, for Gerson Electric Construction Co.

Kurt A. Muller, Chicago, IL, for Lazzaro Cos., Inc.

Before POSNER, Chief Judge, and FLAUM and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

The bankruptcy laws generally permit a creditor to offset, on a dollar-for-dollar basis, a debt it owes to the bankrupt party against a pre-commencement debt that the bankrupt owed to the creditor. See 11 U.S.C. § 553(a). There are circumstances under which setoff will be denied — fraud, collusion, and the like — but nothing in the statute suggests that the simple fact that the creditor is the United States is one of...

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