Legal Opinion

Spiers Graff Spiers v. Menako (In Re Spiers Graff Spiers)

United States Bankruptcy Court, N.D. Illinois

Decided January 2, 1996No. 18-35688PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

JACK B. SCHMETTERER, Bankruptcy Judge.

The Debtor-Plaintiff Spiers Graff Spiers (“SGS” or “Debtor”), an Illinois partnership, filed for relief under Chapter 11 of the Bankruptcy Code Title 11, § 101 et seq. Its liquidating Plan of reorganization was confirmed. The Debtor filed this Adversary Complaint seeking declaratory judgment in Count I that Plan confirmation had a res judicata effect barring a state suit by Phyllis Menako (“Me-nako”) asserting personal liability of Debtor’s general partners on her claims. Debtor asserts that those claims by Menako were adjudicated by…

2Cases cited60 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  4. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
  5. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995

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3Cited by21 opinions

  1. Blakeley v. United Cable SystemDistrict Court, S.D. Mississippi · 2000
  2. Schwinn Cycling & Fitness, Inc. v. Benonis (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1997
  3. Kalamazoo Realty Venture Ltd. Partnership v. Blockbuster Entertainment Corp.District Court, N.D. Illinois · 2000
  4. In Re Kmart Corp.United States Bankruptcy Court, N.D. Illinois · 2005
  5. In Re WalkerUnited States Bankruptcy Court, E.D. Virginia · 1996

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