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In re Hurt

579 B.R. 765 (2017)

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In re Hurt

United States Bankruptcy Court for the Western District of Virginia

579 B.R. 765 (2017)

Facts

In March 2011, Adam Hurt (debtor) obtained a loan from the United States Department of Housing and Urban Development (HUD) (creditor). Adam and his wife Jessica Hurt (debtor) failed to make payments on the loan, and the loan fell into arrears. In August 2016, HUD sent Adam a notice of HUD’s intent to collect on the loan by offset through the United States Treasury Department. HUD then referred the matter to the Treasury Department for collection. By December 3, 2016, the Hurts owed HUD $19,653.38 on the loan. The Hurts subsequently filed their 2016 federal income-tax return with the Internal Revenue Service (IRS). The Hurts had overpaid federal taxes in 2016 and were owed a tax refund of $5,267. On February 23, 2017, the Treasury Department processed HUD’s collection request and sent the amount of the Hurts’ tax refund to HUD to satisfy a portion of the outstanding loan balance. On March 3, 2017, the Hurts filed a chapter 7 bankruptcy petition. The Hurts filed an adversary proceeding against HUD in the bankruptcy action seeking the return of their tax refund as a setoff that occurred within 90 days of when the Hurts filed their bankruptcy petition. Both parties moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Black, J.)

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