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