District Court, E.D. New York July 8, 1986, Bankruptcy No. 881-80660; Adv. No. 084-0075 (Eisenberg v. Casale (In re Casale))

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United States · · · 08-07-1986

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

The trustee of the estate of Antonio Ca-sale, the plaintiff herein, is moving to dis*900miss a counterclaim interposed by the debt- or-defendant, Antonio Casale. She seeks such relief on the ground that the counterclaim, which asks damages against her personally, cannot be asserted in a proceeding brought by her in her representative capacity.

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