- 11 U.S.C.
Tiger Trading Inc. v. HDD Rotary Sales LLC (In re HDD Rotary Sales LLC)
Jul
17
2012
Ruling
Counterclaim by debtor in adversary proceeding was akin to affirmative defense of recoupment and survived confirmation.
Procedural posture
Plaintiff creditor brought an adversary proceeding seeking a declaration that it owned a 30 percent interest in certain technology and a pending patent. Defendant debtor denied the ownership claim, and asserted by counterclaim that the creditor had breached the same contract under which the alleged ownership rights arose by failing to pay its share of the development costs. Creditor moved to dismiss the counterclaim.
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Court
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