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· 12/6/2001

Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)

Citations

  • 270 B.R. 749
  • 2002 Daily Journal DAR 23
  • 2001 Cal. Daily Op. Serv. 10563
  • 27 Employee Benefits Cas. (BNA) 1753
  • 2001 Bankr. LEXIS 1616
  • 38 Bankr. Ct. Dec. (CRR) 227
  • 2001 WL 1657343

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that recoupment is the common law precursor to the compulsory counterclaim
  • applying “logical relationship” test and giving “the word ‘transaction’ ... a liberal and flexible construction”
  • noting split among circuits as to breadth of “same transaction” for recoupment in bankruptcy
  • “Since recoupment is neither a claim nor a debt, it is unaffected by either the automatic stay or the debtor’s discharge.”
  • “Since recoupment is neither a claim nor a debt, it is unaffected by either the automatic stay or the debtor’s discharge.”
  • “Since recoupment is neither a claim nor a debt, it is unaffected by either the automatic stay or the debtor’s discharge.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marlar, Montali, Russell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.