· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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