· 9/28/1998
In Re: Seko Investment, Inc., a Nevada Corporation, Debtor. Chicago Title Insurance Company v. Seko Investment, Inc.
Citations
- 156 F.3d 1005
- 98 Daily Journal DAR 10338
- 98 Cal. Daily Op. Serv. 7440
- 40 Collier Bankr. Cas. 2d 1384
- 1998 U.S. App. LEXIS 24116
- 33 Bankr. Ct. Dec. (CRR) 299
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing the possibility that a counterclaim may not be subject to a “bona fide dispute” under § 303(b) but may be subject to a “bona fide dispute” under § 303(h) because § 303(b
- alleged debtor's counterclaim to offset amount due under separate title insurance policy against amount separately due under promissory notes
- “If recoupment applies, the creditor’s claim arises from the same transaction as the debtor’s claim, and it is essentially a defense to the debtor’s claim against the creditor rather than a mutual obligation.” (simplified)
- “Claims are contingent as to liability when the debtor’s duty to pay arises only upon the occurrence of a future event that was contemplated by the parties at the time of the contract’s execution.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kozinski, O'Scannlain, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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