Citizens Bank of Md. v. Strumpf, 516 U.S. 16, 5 (1995)

Page:   Index   Previous  1  2  3  4  5  6  Next

20

CITIZENS BANK OF MD. v. STRUMPF

Opinion of the Court

Section 542(b) of the Code, which concerns turnover of property to the estate, requires a bankrupt's debtors to "pay" to the trustee (or on his order) any "debt that is property of the estate and that is matured, payable on demand, or payable on order . . . except to the extent that such debt may be offset under section 553 of this title against a claim against the debtor." 11 U. S. C. § 542(b) (emphasis added). Section 553(a), in turn, sets forth a general rule, with certain exceptions, that any right of setoff that a creditor possessed prior to the debtor's filing for bankruptcy is not affected by the Bankruptcy Code. It would be an odd construction of § 362(a)(7) that required a creditor with a right of setoff to do immediately that which § 542(b) specifically excuses it from doing as a general matter: pay a claim to which a defense of setoff applies.

Nor is our assessment of these provisions changed by the fact that § 553(a), in generally providing that nothing in the Bankruptcy Code affects creditors' prebankruptcy setoff rights, qualifies this rule with the phrase "[e]xcept as otherwise provided in this section and in sections 362 and 363." This undoubtedly refers to § 362(a)(7), but we think it is most naturally read as merely recognizing that provision's restriction upon when an actual setoff may be effected—which is to say, not during the automatic stay. When this perfectly reasonable reading is available, it would be foolish to take the § 553(a) "except" clause as indicating that § 362(a)(7) requires immediate payment of a debt subject to setoff. That would render § 553(a)'s general rule that the Bankruptcy Code does not affect the right of setoff meaningless, for by forcing the creditor to pay its debt immediately, it would divest the creditor of the very thing that supports the right of setoff. Furthermore, it would, as we have stated, eviscerate § 542(b)'s exception to the duty to pay debts. It is an elementary rule of construction that "the act cannot be held to destroy itself." Texas & Pacific R. Co. v. Abilene Cotton Oil Co., 204 U. S. 426, 446 (1907).

Page:   Index   Previous  1  2  3  4  5  6  Next

Last modified: October 4, 2007