encumbered the corpus of the trust prior to the assertion of the setoff
(41) In the same vein, it would be improper to allow a setoff
post-verdict because it is contrary to [section] 786.76.42 The case was reversed and remanded for a new trial.
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
The court held that the resolution of the issues in controversy required the bankruptcy court to interpret conflicting sections of the Bankruptcy Code and to determine the proper scope of the parties' rights to dischargeability, exemption, and setoff
. For this and other reasons, the Court of Appeals for the Fifth Circuit held that the bankruptcy court's decision not to abstain was clearly proper.
The metaphysics of setoff
have never been well understood.
There appears to be a trend in recent appellate decisions that requires the record to reflect that the trial court considered the issue of credits and setoffs
. In other words, silence in the final judgment is not enough because silence might merely mean that the issue of credits and setoffs
was never presented to and/or addressed by the court.
when several defendants are involved have interesting--perverse,
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.
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
adjustment." Section 247 also applies specifically to "qualifying cost contribution arrangements," a new legislative expression of arrangements already recognized in the relevant practice of Revenue Canada.
Ordinarily, creation of a lien on a debt, contingent or vested, would interfere with the strategy of setoff
. But we have already seen that Debtor & Creditor Law section 151 plays havoc with liens.