Ernst & Young LLP v. Reilly (In re Earned Capital Corp.)
Sep
11
2008
Ruling
Bankruptcy court declined to dismiss or abstain from adversary proceeding, by accountant who aided in administration, for injunction against creditors claims that were res judicata after confirmation.
Procedural posture
Plaintiff accountant filed a Fed. R. Civ. P. 56(c) motion for summary judgment on its adversary complaint for a permanent injunction barring defendant creditors from the continued prosecution of a state court action for negligence, conspiracy, and fraudulent misrepresentation or nondisclosure of the debtors' liabilities and value. The creditors filed a motion to dismiss or, in the alternative, for abstention and withdrew their motion for recusal.
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Court
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