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Alderwoods Group Inc. v. Garcia

Alderwoods Group Inc. v. Garcia

Ruling
State court claims based on cemetery operator debtors' failure to locate bodies of plaintiffs' relatives were not discharged due to insufficient notice.
Procedural posture

Plaintiffs, owners and former owners of a cemetery in Miami, Florida (former debtors), sought a declaration that all of the claims asserted by defendant tort claimants in a state court case were discharged in a prior bankruptcy case. The parties filed cross motions for summary judgment.

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Commercial opinion summary, case decided on November 25, 2009 , LexisNexis #0110-036