The Aspen court perhaps stretched Debtor and Creditor Law section 151 to cover setoffs
in the face of a restraining notice, (514) but section 151 cannot be made to extend to payments where the creditor chooses to lose rather than use the setoff
The issue, then, became whether the contractual discount constitutes a "payment made" on the plaintiff's behalf, and thus a collateral source subject to setoff
The concern is that where the fact-finder remains uninformed, or there is no collateral source setoff
, a successful plaintiff acquires a windfall, being awarded monetary damages in excess of necessary and reasonable medical costs.
If Commerce's review based on Section 1675(a) is limited to 2001 issues, then Commerce correctly concluded that there cannot be a setoff
A creditor exercising setoff
rights can settle up its claim against the debtor by reducing the creditor's obligation to the debtor on a dollar for dollar basis from the creditor's claim against the debtor.
The IRS further asserted that BC section 553 preserved the IRS' right to setoff
under IRC section 6402(a).
W]e hold that when an accident victim is covered by more than one insurance policy providing underinsured-motorist coverage, public policy permits only one setoff
to that coverage for the amount of workers' compensation benefits received by the insured.
For all three main elements of the new provision, subsection 247(1) contains supporting definitions of relevant terms, notably "arm's length transfer," "transfer price," and various calculation concepts relevant principally to the penalty -- namely, "transfer pricing capital adjustment," "transfer pricing capital setoff
adjustment," "transfer pricing income adjustment," and "transfer pricing income setoff
Ordinarily, creation of a lien on a debt, contingent or vested, would interfere with the strategy of setoff
If the marital settlement agreement is silent regarding credits and/or setoffs
, then there is no entitlement at the time that the marital home is sold.
, but the impact of settlement is borne only by the n
First, they contend that they are entitled to a full setoff
under Section 12 of the NAIC act for any sums otherwise paid with respect to a "claim.