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Peggy Berg v. Social Security Administration

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2389 · judgment August 17, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Under Bankruptcy Code Section 553(b), regarding when “a creditor offsets a mutual debt owing” and “the date of such setoff,” does this require that the debt be “absolutely owed” (as the Fifth Circuit held) or can a setoff occur at some earlier time, even where conditions such as continued disability and survival through a later date have not yet occurred (as the Third and Seventh Circuits held)?

Counsel of record

For petitioner
Keith Alan Hanson
Hanson Law Group LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 14 2018
    Waiver of right of respondent Social Security Administration to respond filed.
  4. Nov 15 2018
    Petition for a writ of certiorari filed. (Response due December 21, 2018)