· 5/7/1992
In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.
Citations
- 963 F.2d 1269
- 92 Daily Journal DAR 6224
- 26 Collier Bankr. Cas. 2d 1435
- 92 Cal. Daily Op. Serv. 3901
- 1992 U.S. App. LEXIS 9555
- 22 Bankr. Ct. Dec. (CRR) 1518
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, even though an 23 advertising agency had contracted with NBC to buy advertising – and not the agency’s client – 24 1 Cf. Kossian v. Am. Nat’l Ins. Co., 254 Cal. App. 2d 647 (1967
- recognizing that California law does not provide a quantum meruit claim where the benefitted party has paid a general contractor for the work done, even if the general contractor failed to pay the subcontractors who did the work
- observing the possibility that “pendent State law claims” may be “dismissed, with prejudice to further proceedings in Federal Court but without prejudice to further proceedings in State Court”
- agreeing with cases holding that “a valid setoff claim cannot be defeated by a discharge in bankruptcy” (quoting Camelback Hosp., Inc. v. Buckenmaier (In re Buckenmaier), 127 B.R. 233, 236–37 (B.A.P. 9th Cir. 1991))
- “When confirmation occurs before the deadline to file proof of claims, confirmation cannot terminate the rights of creditors.”
- Chapter 11 discharge did not bar a creditor from raising a pre-petition claim as a setoff against an action brought by the debtor
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Nelson, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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