Ashkenazi v. Farrell et al

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
MICHAEL and CHRISTINE FARRELL, No. 06-10863
Debtor(s).
______________________________________/
ROGER ASHKENAZI,
Plaintiff(s),
v. A.P. No. 07-1038
MICHAEL and CHRISTINE FARRELL,
Defendant(s).
_______________________________________/
ORDER DENYING LEAVE TO FILE COUNTERCLAIM
_________________
As the court has pointed out to the parties, a general release does not bar a subsequent
dischargeability proceeding. Moreover, the covenant not to sue bars litigation only by one party against
another; defendants in this adversary proceeding were not parties to the agreement. Accordingly,
IT IS ORDERED that defendants’ motion for leave to file a counterclaim for breach of the covenant
not to sue is DENIED.
Entered on Docket
July 07, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-01038 Doc# 64 Filed: 07/07/08 Entered: 07/07/08 13:14:25 Page 1 of 2

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Dated: July 7, 2008
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 07-01038 Doc# 64 Filed: 07/07/08 Entered: 07/07/08 13:14:25 Page 2 of 2