Legal Opinion

Arleaux v. Arleaux (In Re Arleaux)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 1, 1999No. BAP 98-6101SIPublishedCited by 17 opinions

1Opinion of the Court

KRESSEL, Bankruptcy Judge.

Stephan Arleaux appeals from the October 26, 1998, order of the bankruptcy court 1 denying his motion for reconsideration of the court’s earlier order denying his motion to re-open his Chapter 7 case. Because we conclude that his motion to re-open his case is barred by the doctrine of the law of the case and principles of res judicata, we affirm. Moreover, because this appeal has no basis in fact or law, we award sanctions.

BACKGROUND

On February 7, 1995, Stephan Arleaux filed a Chapter 7 petition. He received his discharge on February 10,1995, and the ease closed as a…

2Cases cited17 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Edward M. Farguson v. Mbank Houston, N.A.Court of Appeals for the Fifth Circuit · 1986
  4. Baker v. General Motors Corp.Supreme Court of the United States · 1998
  5. Terry Wayne Sanders v. Clemco Industries and Ingersoll-Rand CompanyCourt of Appeals for the Eighth Circuit · 1988

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3Cited by17 opinions

  1. DiGeronimo v. Weissberg (In Re DiGeronimo)United States Bankruptcy Court, E.D. New York · 2006
  2. Scholl v. Scholl (In Re Scholl)United States Bankruptcy Court, E.D. Pennsylvania · 1999
  3. In Re EmelityUnited States Bankruptcy Court, S.D. California · 2000
  4. Unsecured Creditors' Committee, Houlihan, Lokey, Howard & Zukin Financial Advisors, Inc. v. Pelofsky (In Re Thermadyne Holdings Corp.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  5. Compagnone v. Compagnone (In Re Compagnone)United States Bankruptcy Court, D. Massachusetts · 1999

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