Bankruptcy statute used to get better of plaintiff

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 9, 2019 3:29 PM

Aire Serv LCC used an adversary complaint in Joseph and Dorothy Roberts’ Chapter 13 bankruptcy case as the procedural vehicle for seeking an injunction against Joseph for allegedly violating a restrictive covenant in a franchise agreement, but Joseph countered by arguing — based on the broad definition of “claim” in Section 101(5)(B) of the Bankruptcy Code — that Aire Serv was limited to filing a proof of claim against his bankruptcy estate.In ruling on this dispute, U.S. Bankruptcy Judge …

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