Legal Opinion

In Re El San Juan Hotel Corporation, Debtor. Appeal of Marshall J. Kagan

Court of Appeals for the First Circuit

Decided March 29, 1988No. 87-1369PublishedCited by 70 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

This case requires us to decide whether the second of two lawsuits filed on behalf of the same bankrupt estate by different representatives properly was dismissed on the ground of res judicata. The question is particularly puzzling because the second representative filed his action even though the bankruptcy court had stayed the order allowing the representative, a non-trustee, to file suit for the estate. After considering both bankruptcy and res judicata law, we affirm.

I

In 1980, the San Juan Hotel Corporation filed a petition for reorganization under Chapter 11 of the…

2Cases cited17 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Heiser v. WoodruffSupreme Court of the United States · 1946
  3. Bill J. Gambocz v. Anthony M. YelencsicsCourt of Appeals for the Third Circuit · 1972
  4. The Poster Exchange, Inc. v. National Screen Service Corporation, Columbia Pictures Corp.Court of Appeals for the Fifth Circuit · 1975
  5. Francis X. McLaughlin v. Benjamin C. Bradlee (Two Cases)Court of Appeals for the D.C. Circuit · 1986

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3Cited by70 opinions

  1. United States v. Hector M. Rodriguez-EstradaCourt of Appeals for the First Circuit · 1989
  2. Apparel Art International, Inc. v. Amertex Enterprises Ltd.Court of Appeals for the First Circuit · 1995
  3. Airframe Systems, Inc. v. Raytheon Co.Court of Appeals for the First Circuit · 2010
  4. Iannacchino v. RodolakisCourt of Appeals for the First Circuit · 2001
  5. Bankr. L. Rep. P 72,300 in Re San Juan Hotel Corporation, Debtor. Hans Lopez-Stubbe v. Hector Rodriguez-EstradaCourt of Appeals for the First Circuit · 1988

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