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Pollack v. Federal Deposit Insurance (In Re Monument Record Corp.)

United States Bankruptcy Court, M.D. Tennessee

Decided March 13, 1987No. 383-00747, 383-00766 and 383-00748, Adv. No. 386-0242PublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

At issue is the preclusive effect of a Chapter 11 debtor-in-possession’s agreed order for relief from the stay in subsequent litigation between the Chapter 11 trustee and the original moving creditor. The trustee is precluded to relitigate issues decided in the.prior order.

The following constitute findings of fact and conclusions of law. Bankr.R. 7052.

I

These Chapter 11 cases were filed in March of 1983. Monument Record Company produces and markets recorded music. Fred Foster owns and is the force behind Monument.

At the filing, Monument and the…

2Cases cited67 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  4. United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
  5. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982

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3Cited by23 opinions

  1. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  2. Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  3. Ohio, Department of Taxation v. H.R.P. Auto Center, Inc. (In Re H.R.P. Auto Center, Inc.)United States Bankruptcy Court, N.D. Ohio · 1991
  4. In Re Nicolet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. Devan v. CIT Group/Commercial Services, Inc. (In Re Merry-Go-Round Enterprises, Inc.)United States Bankruptcy Court, D. Maryland · 1999

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