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· 5/10/1993

Styler v. Jean Bob Inc. (In Re Concept Clubs, Inc.)

Citations

  • 154 B.R. 581
  • 1993 U.S. Dist. LEXIS 6959
  • 1993 WL 172648

How courts have described this case

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

  • holding that a counterclaim for set-off “may constitute a claim against the bankruptcy estate for jurisdictional purposes” (emphasis in original)
  • holding that asserting a setoff defense did not constitute a claim against the bankruptcy estate where creditor only sought to reduce or extinguish the estate’s claim against it
  • noting that “regardless of whether the matter is core, or non-core, the district court must conduct the jury trial if it is required by the Seventh Amendment”
  • noting, however, that a claim of setoff “may constitute a claim against the bankruptcy estate for jurisdictional purposes”
  • discussing the disagreement among courts regarding the nature of setoff, recoupment, counterclaims and affirmative defenses
  • action for setoff raised only as affirmative defense seeking to reduce or extinguish trustee’s claim, rather than as counterclaim seeking affirmative relief, does not invoke bankruptcy court’s equity jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldon J. Anderson

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.