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· 9/14/1998

Vasile v. Dean Witter Reynolds Inc.

Citations

  • 20 F. Supp. 2d 465
  • 1998 U.S. Dist. LEXIS 14622
  • 1998 WL 640418

How courts have described this case

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

  • holding that “the counterclaims asserted against the Plaintiff/debtor will be stayed pending final determination of the bankruptcy petition.”
  • counterclaims for costs and attorney fees that were asserted against debtor in action brought by debtor were stayed pending final determination of debtor’s bankruptcy petition
  • “However, the stay only applies when the action is ‘against the debtor’. An action is ‘against the debtor’ if it was initiated against the debtor.” (citation omitted)
  • “{m]ultiple claim[s] must be disaggregated so that... counterclaims . . . are treated independently when determining which of their respective proceedings are subject to the bankruptcy stay”
  • a plaintiff cannot be completely foreclosed from any access to court

Source: CourtListener parenthetical corpus (CC0).

Judges: Seybert

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.