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    Recoupment or setoff? - A distinction with a difference
    2015-07-30

    Setoff is commonly encountered in bankruptcy and non-bankruptcy situations.  If there are mutual debts between two entities, either may generally offset the debts.  These debts frequently arise where one entity is a vendor to a customer and selling on credit, and at the same time is also making occasional purchases on credit from the customer.  If one entity owes $100 to a second entity but is owed $300 by this second entity, these mutual debts may be offset, leaving just the $200 owed by the second entity.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Shumaker Loop & Kendrick, Bankruptcy
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Hurts so good - US Supreme Court rejects attorneys fees in chapter 11
    2015-06-30

    On June 15, 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application.

    THE ASARCO CASE

    The case involved the copper company ASARCO LLC that filed for Chapter 11 protection in 2005 to deal with cash flow and environmental issues, among others.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shumaker Loop & Kendrick, Supreme Court of the United States
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick

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