Legal Opinion
Laubach v. Fidelity Consumer Discount Co. (In Re Laubach)
United States Bankruptcy Court, E.D. Pennsylvania
Decided September 2, 1987No. 19-10026PublishedCited by 17 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The Motion before us in the instant case raises close and provocative questions regarding the impact of claim preclusion by means of a subset of res judicata, i.e., the doctrine of merger. We hold that all of the claims arising out of a single financing transaction must be raised in single action, or they will be barred by merger. However, we do not believe that claims arising out of a subsequent purported rescission of the financing transaction are barred. Thus, here, we find that all of the claims raised by the Plaintiff in her present lawsuit which…
2Cases cited28 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Nevada v. United StatesSupreme Court of the United States · 1983
- Thelma DAVIS v. UNITED STATES STEEL SUPPLY, DIVISION OF UNITED STATES STEEL CORPORATION, AppellantCourt of Appeals for the Third Circuit · 1982
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Taras v. Commonwealth Mortgage Corp. of America (In Re Taras)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- In Re American International Airways, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Eastern Savings Bank, FSB v. Esteban.Hawaii Supreme Court · 2013
- Mayfield v. Vanguard Savings & Loan Ass'nDistrict Court, E.D. Pennsylvania · 1989
- Philadelphia Consumer Discount Co. v. Gurst (In Re Gurst)United States Bankruptcy Court, E.D. Pennsylvania · 1987
12 more not listed; retrieve them via the Exa API.