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Opinion 76

Case Name: 

Semi-Serv., Inc. v. W.R. Hurst, Inc. (In re W.R. Hurst, Inc.)

Judge: 
Judge Clark
Date: 
Apr-8-1983
Case Number(s): 
82PC-1470
Status: 

UNPUBLISHED

Body: 

Creditor's non-dischargeability claim under 11 U.S.C. § 523(a) against corporate chapter 11 debtor was dismissed because that provision does not apply to corporate debtors. Plaintiff's other claims against debtor were dependent upon a right to adequate protection, which creditor was not entitled to because it was an unsecured creditor. Finally, creditor's claimed right to offset $4,500 it owed to debtor failed for lack of mutuality, as well as because the debt arose postpetition. Debtor's counterclaim for the $4,500 was granted on the pleadings.

Internal Ref: 
Opinion 76
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