Legal Opinion

In re FFS Data, Inc.

United States Bankruptcy Court, S.D. Florida.

Decided May 8, 2014No. Case No.: 09-38395-EPK (Jointly Administered)Published

1Opinion of the Court

Chapter 11

MEMORANDUM OPINION ON MOTION OF IBERIABANK [ECF No. 890]

Erik P. Kimball, Judge, United States Bankruptcy Court

Is an explicit general release in favor of the debtor’s principal on behalf of all parties with claims against the debtor, contained in a plan of reorganization confirmed long ago and never appealed, binding on a creditor that had actual notice of the general release? In light of Supreme Court precedent and the plain language of the plan in this case, it is. For the reasons stated more fully below, the Court will deny the motion by Iberia-bank [ECF No. 890] for a…

2Cases cited5 opinions

  1. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
  2. In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc.Court of Appeals for the Eleventh Circuit · 2005
  3. In Re Transit Group, Inc.United States Bankruptcy Court, M.D. Florida · 2002
  4. FOM Puerto Rico S.E. v. Dr. Barnes Eyecenter Inc.Court of Appeals for the Fifth Circuit · 2007
  5. Iberiabank v. GeisenDistrict Court, S.D. Florida · 2014

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