I owe some money to a large freight company that may go bankrupt in the very near future. That company also owes me some money for a damage claim. If they file bankruptcy before they pay me, can I simply deduct what they owe me from what I owe them and call it good?
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I owe money to a company that may go bankrupt and they also owe me money.
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That's a legal question and would be something generically known as an setoff (or recoupment). These are generally allowed as a matter of law but you must be careful when doing so after one of the parties files bankruptcy. For example, you can't setoff a pre-petition debt with a post-petition debt and vice-versa.
As always, I would obtain practical legal advice to make sure that the debts in question are mutual and that you are not mixing pre and post petition debts.
Having wrote that, I can't give you a yes or no answer.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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