CopyCited 9 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 13172
...Under the circumstances, the Court shares the opinion held by Collier that "the better view would seem to be that under § 68 tort claims may be set off against contract, or vice versa" so long as the claim asserted against the estate is provable under § 63, as is Wesco's debt claim. 4 Collier on Bankruptcy, § 68.04 at 879 (14th ed....
CopyCited 2 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 10535
...("Act") is inapplicable in this case. Under Section 68(a), the basic test is mutuality of obligation. To be mutual, the debts or credits must be in the same right and between the same parties, standing in the same capacity. 4 Collier on Bankruptcy, Section 68.04 [2-1]....