John Richards Homes Bldg. Co. LLC v. Adell (In re John Richards Homes Bldg. Co. LLC)
Mar
12
2009
Ruling
Appeal of denial of additional damages for debtor's filing involuntary petition against creditor in bad faith was not barred by res judicata after similar proceeding in another district court was dismissed.
Procedural posture
Appellee, a judgment debtor, moved for partial dismissal of appellant judgment creditor's challenge to an order of the United States Bankruptcy Court for the Eastern District of Michigan that denied the creditor's request for additional punitive damages based on the judgment debtor's post-award conduct. The judgment debtor argued that res judicata or collateral estoppel in a Florida case between the parties precluded the appeal.
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Court
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