Legal Opinion

Heritage Hotel Ltd. Partnership I v. Valley Bank of Nevada (In Re Heritage Hotel Partnership I)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 2, 1993No. BAP No. NV-93-1254-RMeAd, Bankruptcy No. BK-S-91-24449-RCJ, Adv. No. 92-2239PublishedCited by 71 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

After the confirmation of the debtor’s Chapter 11 2 plan, the debtor brought a complaint asserting various lender liability causes of action which arose out of a prepetition lending arrangement. Neither the plan nor the disclosure statement mention these causes of action. The bankruptcy court dismissed the complaint as barred by the doctrines of res judicata and equitable estoppel. We AFFIRM.

I. FACTS

The Debtor/Appellant Heritage Hotel Limited Partnership I, (“Heritage”), received a construction loan from Valley Bank of Nevada, (“Valley”), now known as Bank of…

2Cases cited12 opinions

  1. Stoll v. GottliebSupreme Court of the United States · 1938
  2. Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
  3. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  4. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970

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3Cited by71 opinions

  1. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  2. 37 Collier bankr.cas.2d 1380, Bankr. L. Rep. P 77,400 D & K Properties Crystal Lake, an Illinois Partnership v. Mutual Life Insurance Company of New York, a New York CorporationCourt of Appeals for the Seventh Circuit · 1997
  3. Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. Kelley v. South Bay Bank (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996

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