Leshin v. Welt (In Re Warmus)

How courts have described this case

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

• treating counterclaim against estate based on trustee’s alleged post-petition conduct as “akin” to filing a claim
• divesting defendant of Seventh Amendment rights where, in response to trustee’s adversary proceeding to recover proceeds from the sale of an airplane that was transferred in violation of the bankruptcy code, defendant counterclaimed with an allegation of fraud
• defendant lost right to jury trial by filing a counterclaim, which was directed at- the bankruptcy trustee and based on post-petition conduct
• despite conclusion that counterclaim is compulsory, court found that counterclaim is akin to the filing of a claim, and does act as a waiver to the right to a jury trial

Source: CourtListener parenthetical corpus (CC0).