Legal Opinion
Lessig Construction, Inc. v. Schnabel Associates, Inc. (In Re Lessig Construction, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 2, 1986No. 16-15974PublishedCited by 40 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
This adversarial proceeding raises certain procedural and substantive questions about the nature of a plea of setoff asserted by a defendant in a damage suit brought against it by a debtor in bankruptcy court. As to the procedural issue, we believe that it is prerequisite for the defendant, if he asserts any counterclaim arising from a pre-petition debt including a counterclaim in the nature of a setoff within the scope of 11 U.S.C. § 553, to obtain relief from the automatic stay imposed by 11 U.S.C. § 362 prior to asserting same. We also believe that…
2Cases cited15 opinions
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of St. Croix Hotel Corporation. Assoc. Of St. Croix Condominium Owners v. St. Croix Hotel Corp. Assoc. Of St. Croix Condominium Owners v. The St. Croix Hotel Corp. Appeal of Association of St. Croix Condominium OwnersCourt of Appeals for the Third Circuit · 1982
- Penneys v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1962
- Benefit Trust Life Insurance Company v. Union National Bank Of PittsburghCourt of Appeals for the Third Circuit · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- In Re Ionosphere Clubs, Inc.Court of Appeals for the Second Circuit · 1990
- Shugrue v. Air Line Pilots Ass'n (In re Ionosphere Clubs, Inc.)Court of Appeals for the Second Circuit · 1990
- TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
35 more not listed; retrieve them via the Exa API.