Cook Inlet Decision Rightly Protects Deemed Consolidation

By Darren Azman and Michael Galen (February 6, 2018, 4:10 PM EST) -- A creditor's right to set off a mutual, prepetition debt owed by the creditor to a debtor in bankruptcy is governed by Section 553 of the Bankruptcy Code. That section provides that, with certain limited exceptions, the right to set off is not affected by the debtor's bankruptcy case. In the recently decided case In re Cook Inlet Energy LLC et al.,[1] the bankruptcy court in Alaska held that a creditor's setoff rights apply only to the specific debtor against which the creditor's claims arise. The only exception to the rule, the court found, is if two debtors are substantively consolidated and alter egos of each other. However, consolidation of debts for limited purposes under a bankruptcy plan does not satisfy the exception....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!