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Well, this will be clear as mud... Set off (or offset), is when a creditor is owed money at the same time they may owe the debtor for something...and he nets the amount for his claim...generally it is not allowed. Generally, any amount that the debtor owes needs to collected in BK (likely at a reduced amount and amounts the creditor owes must be paid in full). However there are, generlly again, some exceptions...for example the Government has the right to offset amounts owed in tax by amounts that it either would refund or pay to the debtor. However, in the agreement one makes for getting credit or loans banks frequently include terms that allow them to offset any amounts owed on to them by amounts on deposit in their institution. Generally this can't be done while the automatic stay on collections are in force, but even that is situational. That any debt was charged off, or not, is never important or relevant. Charging off is an accounting entry required by the lender so they properly reflect the bad debt (which would have been previously reported as income or an asset) and no longer is either. It does not forgive the debt, or change it ior their right/obligation to collect it in any way...it is just a reporting that it was bad business and is a cost or expense to the owners/stockholders and cannot be expected to be avalable to pay things, like payroll, rent, etc.

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16y ago

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