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IN RE BEAUMONT

No. 09-7006.

586 F.3d 776 (2009)

In re Samuel Kennegth BEAUMONT, Sr., Debtor. Samuel Kennegth Beaumont, Sr., Plaintiff-Appellant, v. Department of Veteran Affairs, United States of America, ex rel., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 15, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Richard W. Walden, Tulsa, OK, for Plaintiff-Appellant.

Tony West, Assistant Attorney General, Sheldon J. Sperling, United States Attorney, Cheryl R. Triplett, Assistant United States Attorney, William Kanter, Attorney, Appellate Staff Civil Division, and Catherine Y. Hancock, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for Defendant-Appellee.

Before LUCERO, Circuit Judge, BALDOCK, Senior Circuit Judge, and MURPHY, Circuit Judge.

MURPHY, Circuit Judge.

We are asked to decide in this case whether the recoupment doctrine applies to the Department of Veteran Affairs' (VA) withholding of disability benefits to plaintiff, Samuel Beaumont, after Mr. Beaumont's bankruptcy filing and discharge. After learning of a large inheritance that Mr. Beaumont received in 2001, the VA determined that it had overpaid his disability benefit by approximately $18,000 and consequently reduced his monthly benefit...

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