Performance & Stability
How Does the Concept of Mutuality for Setoff Differ from the Requirements for Recoupment?
Setoff nets mutual, pre-petition debts from separate transactions post-court approval, while recoupment nets debts from a single transaction without it.
How Does the Bankruptcy Code Define Mutuality for Setoff Purposes?
The Bankruptcy Code defines setoff mutuality as a strict alignment of debts between identical parties in the same capacity.
