Legal Opinion
Bank of Lafayette v. Baudoin (In Re Baudoin)
Court of Appeals for the Fifth Circuit
Decided January 7, 1993No. 91-5091PublishedCited by 64 opinions
1Opinion of the Court
BARKSDALE, Circuit Judge:
At issue is whether Chapter 7 debtors may, three years after discharge, bring a lender liability action in state court against their creditor which, inter alia, bid in its mortgages to purchase the debtors’ property sold during their personal bankruptcies in liquidation of their estate, and filed a proof of claim and received partial payment in the bankruptcy for the debtors’ wholly-owned corporation. Because we hold that the lender liability claim would have been a “core proceeding” in the earlier bankruptcy actions, the state action is barred by res judicata.…
2Cases cited19 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
- Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984
- In Re Branding Iron Motel, Inc.Court of Appeals for the Tenth Circuit · 1986
- Howell Hydrocarbons, Inc. v. John AdamsCourt of Appeals for the Fifth Circuit · 1990
14 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Winget v. JP Morgan Chase Bank, N.A.Court of Appeals for the Sixth Circuit · 2008
- Edp Medical Computer Systems, Inc. v. United States of America, Docket No. 06-0106-CvCourt of Appeals for the Second Circuit · 2007
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn PazCourt of Appeals for the Ninth Circuit · 1998
- Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
59 more not listed; retrieve them via the Exa API.