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In re Beaumont

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Before LUCERO , Circuit Judge, BALDOCK, Senior Circuit Judge, and MURPHY, Circuit Judge.

We are asked to decide in this case whether the recoupment doctrine applies to the Department of Veteran Affairs’ (VA) withholding of disability benefits to plaintiff, Samuel Beaumont, after Mr. Beaumont’s bankruptcy filing and discharge. After learning of a large inheritance that Mr. Beaumont received in 2001, the VA determined that it had overpaid his disability benefit by approximately $18,000 and consequently reduced his monthly benefit payment in an effort to recoup this amount. Mr. Beaumont filed an adversary proceeding in his bankruptcy case, arguing that the VA’s reduction of his monthly benefit violated the Bankruptcy Code’s automatic stay and discharge injunction provisions. See 11 U.S.C. §§ 362 and 524. The Bankruptcy Court disagreed, concluding that the VA’s payment obligations and Mr. Beaumont’s obligation to return the overpayment arose from a single transaction and therefore the VA’s recoupment violated neither the automatic stay nor the discharge injunction. After losing his appeal in the district court, Mr. Beaumont filed an appeal with this court. We have jurisdiction under 28 U.S.C. § 1291 and § 158(d)(1). We agree fully with the bankruptcy court’s well-reasoned opinion of August 7, 2008, and it would serve no purpose for us to restate its analysis here. Accordingly, as we have done on other appropriate occasions, we formally adopt its decision, attached as an appendix hereto, as our own.*fn2 See, e.g., Lang v. Lang (In re Lang) , 414 F.3d 1191, 1194 (10th Cir. 2005).

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