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8 canonical passages across 5 cases, quoted by 46 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from In RE McMAHON.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | In RE McMAHON Anchor | green | “in light of the bankruptcy code's strong policy favoring equal treatment of creditors and bankruptcy court supervision over even secured creditors, the recoupment doctrine is a limited one and should be narrowly construed.” | 8 |
| 2 | In RE McMAHON | green | “often, recoupment seeks to avoid the unjust result that would occur if a debtor who has been overpaid pre-petition by a party in a contract is permitted post-petition to make a claim under the contract against that party without regard to the overpayment it has received.” | 8 |
| 3 | In Re: Tlc Hospitals, Inc., a California Corporation, Debtor. Charles Sims v. United States Department of Health and Human Services | green | “is not to be applied so loosely that multiple occurrences in any continuous commercial relationship would constitute one transaction.” | 8 |
| 4 | In RE McMAHON | green | “while a 'setoff' is subject to the automatic stay provision of 11 u.s.c. 362 , a recoupment is not.” | 6 |
| 5 | United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, Trustee | green | “since the medicare statute requires the secretary to take into account pre-petition overpayments in order to calculate a post-petition claim ... congress rather clearly indicated that it wanted a provider's stream of services to be considered one transaction ... .” | 5 |
| 6 | United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, Trustee | green | “with necessary adjustments on account of previously made overpayments or underpayments.” | 4 |
| 7 | In the Matter of Stephen J. Kosadnar Peggy Marlea Kosadnar, Debtors. Stephen J. Kosadnar Peggy Marlea Kosadnar v. Metropolitan Life Insurance Company | green | “when all claims arise out of one contract between the parties, application of the recoupment doctrine is appropriate.” | 4 |
| 8 | The Northern Trust Company, Plaintiff-Counterdefendant-Appellee v. Frank E. Peters and Marta Chaikovska, Defendants-Counterplaintiffs-Appellants | green | “recoupment involves the right of the defendant to have the plaintiff's monetary claim reduced by virtue of a claim by the defendant against the plaintiff arising out of the same contract.” | 3 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.