Legal Opinion

Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)

Court of Appeals for the Fifth Circuit

Decided June 18, 1999No. 97-11118, 97-11119 and 98-10246PublishedCited by 561 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

For all but one of the claims at hand, the overarching issue is whether the bankruptcy court abused its discretion by not judicially estopping plaintiffs Industrial Clearinghouse and the Trustee for the bankruptcy estate of Coastal Plains from pursuing claims against Browning, Coastal’s largest unsecured creditor; the linchpin being whether nondisclosure of those claims in Coastal’s bankruptcy schedules or its stipulation for lifting the automatic bankruptcy stay to allow Coastal’s largest secured creditor to foreclose on Coastal’s assets, later…

2Cases cited51 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. S.V. v. R.V.Texas Supreme Court · 1996
  3. Davis v. WakeleeSupreme Court of the United States · 1895
  4. Computer Associates International, Inc. v. Altai, Inc.Texas Supreme Court · 1996
  5. Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991

46 more not listed; retrieve them via the Exa API.

3Cited by561 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Mayle v. FelixSupreme Court of the United States · 2005
  3. Grigson v. Creative Artists Agency, L.L.C.Court of Appeals for the Fifth Circuit · 2000
  4. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  5. Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004

556 more not listed; retrieve them via the Exa API.

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