Legal Opinion
Taubman Western Associates, No. 2 v. Beugen (In Re Beugen)
United States Bankruptcy Court, N.D. California
Decided January 26, 1988No. 14-11132PublishedCited by 14 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
Two principal questions are presented in this case: whether a counterclaim filed by a debtor-in-possession against a creditor that has asserted a claim against the bankruptcy estate may properly be classified as a core proceeding, and whether the debtor-in-possession is entitled to a jury trial in such a proceeding. I conclude that the bankruptcy court may try the counterclaim as a core proceeding without a jury, because the counterclaim arises from the same transaction as the creditor’s claim against the bankruptcy estate.
FACTS
This case grows out of…
2Cases cited31 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- Katchen v. LandySupreme Court of the United States · 1966
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weeks v. Kramer (In Re Weeks Securities, Inc.)United States Bankruptcy Court, W.D. Tennessee · 1988
- Asousa Partnership v. Pinnacle Foods, Inc. (In Re Asousa Partnership)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- Anderson v. Simchon (In Re Southern Textile Knitters, Inc.)United States Bankruptcy Court, D. South Carolina · 1999
- Leslie Salt Co. v. Marshland Development, Inc. (In Re Marshland Development, Inc.)United States Bankruptcy Court, N.D. California · 1991
- Splash v. Irvine Co. (In Re Lion Country Safari, Inc. California)United States Bankruptcy Court, C.D. California · 1991
9 more not listed; retrieve them via the Exa API.