Section 5.61 Counterclaims and Offsets by Debtor

LibraryBankruptcy Practice (2007 Ed. + 2015 Cum Supp)

1. (§5.61) Counterclaims and Offsets by Debtor

Motions for relief from the stay are required to be handled within a very compressed time frame. Thus, it is “clearly improper” for the debtor to file a counterclaim against the moving party who seeks relief from the stay. In re Wade, 115 B.R. 222, 230 (B.A.P. 9th Cir. 1990); see also In re Greater Jacksonville Transp. Co., 172 B.R. 376 (Bankr. M.D. Fla. 1994) (assertion of counterclaims in relief from the stay litigation is improper). The debtor will not...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT