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Still, the bankruptcy court rejected as unpersuasive the court, could lead to absurd and unintended results, such as: (i) the elevation of rejection damages to administrative-expense status, in direct contravention of congressional will as expressed in section 365(g); and (ii) precluding a landlord from setting off a prepetition security deposit against its rejection damages claim.
ICX expressed concern about TVC's ability to comply with the distribution agreement.
A creditor's ability in a bankruptcy case to exercise rights that it has under applicable law to set off an obligation it owes to the debtor against amounts owed by the debtor to it, thereby converting its unsecured claim to a secured claim to the extent of the setoff, is an important entitlement.
Setoff rights are generally preserved in a bankruptcy case under section 553 of the Bankruptcy Code.
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[IMAGE] ""MERS"": the announcement Wednesday for the case _Oliver v. The borrower in the case was actually not in default.
By contrast, if there is a right of recoupment (i.e., where mutual obligations arise under the same contract), the exercise of the right does not require court authority and the automatic stay does not apply. In ., a New York bankruptcy court, emphasizing that section 553 expressly and unambiguously precludes any other section of the Bankruptcy Code from "affecting" the right of setoff that a creditor may have as of the petition date, concluded that sections 365(g) and 502(g) of the Bankruptcy Code cannot be considered in deciding whether a creditor may utilize a rejection damages claim for the purposes of setoff.