553—B/r won’t affect a state law right to set-off, unless the debt owed to the debtor falls under one of the listed categories. These include:
(i) 553(a)(1)—the claim is disallowed.
(ii) 553(a)(2)—such claim was transferred by an entity other than the debtor, to such creditor (A) after commencement of the case or (B) (i) after 90 days before the filing of the pet or (ii) while the debtor was insolvent.
(iii) 553(a)(3)—the debt owed to the debtor was incurred by such creditor (A) after 90 days before the date of the filing of the pet; (B) while the debtor was insolvent; and (C) for the purpose of obtaining a right of setoff against the debtor. (Note that if part of money in an account was deposited for purpose of obtaining right of set-off then only that part cannot be set-off and will not be treated as a secured claim/cash collateral).
(iv) 553(c)—presumption of insolvency for 90 days before b/r.
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