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§ 1123(b)

IBM Southeast Emples. Fed. Credit Union v. Collins

Sep
17
2008
Ruling
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
Procedural posture

After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.

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Commercial opinion summary, case decided on September 17, 2008 , LexisNexis #1108-102
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Winget v. JP Morgan Chase Bank

Aug
11
2008
Ruling
Issue of alleged devaluation of assets prior to bankruptcy sale should have been raised before bankruptcy court.
Procedural posture

Plaintiffs, an individual and a trust, sued defendants, banks and lenders, alleging breach of the guaranty and pledge agreements and requested declaratory judgment. The District Court for the Eastern District of Michigan dismissed the complaint on the grounds it was barred by res judicata and premature with regard to future attempts to repossess collateral. Plaintiffs appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 11, 2008 , LexisNexis #0908-030
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