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B-194360 1 (1980-02-15)

handle is hein.gao/gaobadhzx0001 and id is 1 raw text is: A transferred employee received a travel advance that was not completely liquidated. Prior to the submission of any more -claims relating to the transfer, the employe.e filed for bankruptcy. The unliquidated portion of the travel advance was scheduled as a debt in the bankruptcy proceeding, and was discharged with the remainder of his debts. After receiving the discharge the employee sold his residence at his former duty station, and filed a claim for reimbursement of appropriate real estate expenses. The claim should be paid in full because the discharged debt may not be set off against a claim that arises subsequent to the discharge. We have been asked whether or not an unliquidated travel advance that was scheduled as a debt and discharged in a bankruptcy proceeding may be set off against a claim by the bankrupt employee that arose subsequent to the bankruptcy discharge. For the reasons set forth below, we hold that the discharged debt may not be set off against the latter claim. The matter was submitted by the United States Property and Fiscal Officer for Florida, National Guard Bureau, and has been assigned control number 79-4 by the Per Diem, Travel and Transportation Allowance Committee. Under Travel Orders issued January 27, 1977, Mr. Stephen M. Hornberger, an employee of the National Guard Bureau, was transferred from New Castle, Delaware,to Miami, Florida. To assist in this move Mr. Hornberger was given a $2,500 travel advance. He reported to his new duty station on February 20, 1977. .On vouchers submitted in March 1977, Mr. Hornberger was allowed reimbursement, less taxes due, in the amount.of $1,793.76 leaving $706.24 as the unliquidated portion of his travel advance. Mr. Hornberger was advised that he should repay that amount. DIGEST: THE COMPTROLLER GENERAL DECISION _ OF THE UN ITED STATES W WAS1H NGTON, D. C. 20549 FILE: B-194360 DATE: February 15, 1980 MATTER OF: Stephen M. Hornberger - Setoff of Discharged Debt \Y ()e-0 )

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