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