Legal Opinion
In Re Richard Six, Debtor. Ob/gyn Solutions, L.C. v. Richard Six
Court of Appeals for the Eleventh Circuit
Decided April 15, 1996No. 94-3569PublishedCited by 10 opinions
1Opinion of the Court
WEIS, Senior Circuit Judge:
In this case, the holder of a note secured by a mortgage filed a claim in bankruptcy giving credit for the amount bid at a judicial sale in the state foreclosure proceeding. Because the claim put the amount of the credit at issue, we conclude that the creditor cannot invoke res judicata to bar the debtor-guarantor from showing that the value of the property was more than the bid price. Therefore, we affirm the district court’s order sustaining the bankruptcy judge’s finding that the property value exceeded the amount of the claim, which he accordingly denied.
Debtor,…
2Cases cited16 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Pepper v. LittonSupreme Court of the United States · 1939
- Forgay v. ConradSupreme Court of the United States · 1848
- In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. AmbroseCourt of Appeals for the Eleventh Circuit · 1993
- Atlantic Federal Savings & Loan Ass'n v. Blythe Eastman Paine Webber, Inc.Court of Appeals for the Eleventh Circuit · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- James H. Greer v. Linda A. O'DellCourt of Appeals for the Eleventh Circuit · 2002
- Nippon Credit Bank, Ltd. v. MatthewsCourt of Appeals for the Eleventh Circuit · 2002
- Desert Fire Protection v. Fontainebleau Las Vegas Holdings, LLC (In Re Fontainebleau Las Vegas Holdings, LLC)District Court, S.D. Florida · 2010
- In Re CookUnited States Bankruptcy Court, N.D. Alabama · 1996
- In Re TomasevicUnited States Bankruptcy Court, M.D. Florida · 2001
5 more not listed; retrieve them via the Exa API.