Bankr. L. Rep. P 72,661 D-1 Enterprises, Inc. v. Commercial State Bank

ON PETITION FOR REHEARING

Before BROWN, GEE and GARWOOD, Circuit Judges. GEE, Circuit Judge:

In response to the petition for rehearing, we withdraw our opinion of August 18, 1988, and substitute the following. The issue in this debtor’s bankruptcy appeal is whether an agreed order lifting a stay and abandoning certain assets of the debtor to a creditor, entered in a “contested proceeding,” is res judicata of various tort claims against that creditor for bad faith acceleration of a note, wrongful foreclosure and the like and, if not, whether these were compulsory counterclaims to the creditor’s…