1:07-ap-01038•Ashkenazi v. Farrell et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 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
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 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
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