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Consumer Bankruptcy Law and Practice: Government Websites
United States Trustee Program: www.justice.gov
Credit Counseling Information: www.justice.gov
Debtor Audit Information: www.justice.gov
Consumer Bankruptcy Law and Practice: Legal Research Websites
Cornell Law School:
Bankruptcy Overview: http://topics.law.cornell.edu
Federal Rules of Bankruptcy Procedure: www.law.cornell.edu
Consumer Bankruptcy Law and Practice: Bankruptcy Organization Websites
National Association of Consumer Bankruptcy Attorneys: www.nacba.org
American Bankruptcy Institute: www.abiworld.org
National Conference of Bankruptcy Judges: www.ncbj.org
Consumer Bankruptcy Law and Practice: Pro Bono Resource Websites
National Legal Aid and Defender Association: www.nlada.org
Sargent Shriver National Center on Poverty Law: www.povertylaw.org
American College of Bankruptcy Foundation: www.americancollegeofbankruptcy.com
Consumer Bankruptcy Law and Practice: Consumer Organization Websites
National Consumer Law Center: www.nclc.org
National Association of Consumer Advocates: www.consumeradvocates.org
Americans For Fairness In Lending: http://americansforfairnessinlending.wordpress.com
Consumer Bankruptcy Law and Practice: 9.4.4.2 Setoff and Recoupment of Government Benefits
Some debtors seek bankruptcy relief because the limited income they receive from a government benefit program is being reduced to recover an overpayment of benefits. The question of how such overpayments are treated in bankruptcy, including application of the automatic stay, often turns on the type of benefit program involved and the distinction between setoff and recoupment. Both setoff and recoupment involve situations in which the debtor and creditor are obligated to each other.
Consumer Bankruptcy Law and Practice: 9.4.4.3 Bank Account “Freezes” and Preauthorized Withdrawals
The Supreme Court has held that a “freeze” on a debtor’s bank account, by a bank to which the debtor owes money, does not constitute a setoff prohibited by the stay.158 The court held that a temporary freeze, while a creditor seeks relief from the stay in order to exercise a right of setoff, is permissible.159 However, a more permanent freeze should be considered differently.