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IN RE LESSIG CONST., INC.

Bankruptcy No. 84-04280K, Adv. No. 85-0926K.

67 B.R. 436 (1986)

In re LESSIG CONSTRUCTION, INC. Debtor, LESSIG CONSTRUCTION, INC. & Pennsylvania National Mutual Casualty Insurance Company, Plaintiffs, v. SCHNABEL ASSOCIATES, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 2, 1986.

Attorney(s) appearing for the Case

Allen B. Dubroff, Philadelphia, Pa., for plaintiff/debtor.

K. Gerard Amadio, Philadelphia, Pa., for plaintiff/Pennsylvania Nat. Mut. Cas. Ins. Co.

Henry J. Costa, Jr., Kulpsville, Pa., for defendant/Schnabel Associates, Inc.

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...

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