Legal Opinion

First National Bank & Trust Co. v. Reed (In Re Reed)

United States Bankruptcy Court, E.D. Tennessee

Decided February 19, 1982No. Bankruptcy No. 3-81-00931, Adv. No. 3-81-0864PublishedCited by 21 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CLIVE W. BARE, Bankruptcy Judge.

This cause came for trial on the 6th and 25th days of January, 1982, upon the complaint filed by the plaintiff, the answer of defendant, the stipulation of the parties, the testimony of witnesses and exhibits in support thereof and on the record as a whole.

The court concludes as a preliminary matter that the defense of res judicata, raised by the defendant cannot be sustained. 1 The previous action upon which the defendant relies for this defense was an adversary proceeding initiated by the trustee against the defendant.…

2Cases cited9 opinions

  1. Baltic Linen Co. v. Rubin (In Re Rubin)United States Bankruptcy Court, S.D. New York · 1981
  2. In Re RichterCourt of Appeals for the Second Circuit · 1932
  3. Rothschild v. Lincoln Rochester Trust Co.Court of Appeals for the Second Circuit · 1954
  4. In re WoodsCourt of Appeals for the Second Circuit · 1934
  5. In Re GurneyCourt of Appeals for the Second Circuit · 1934

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In the Matter of Harold Paul Chastant, Jr., Debtor. Felix Octave Pavy v. Harold Paul Chastant, Jr.Court of Appeals for the Fifth Circuit · 1989
  2. Ingersoll v. Kriseman (In Re Ingersoll)District Court, M.D. Florida · 1991
  3. National Bank of Pittsburg v. Butler (In Re Butler)United States Bankruptcy Court, D. Kansas · 1984
  4. Peoples State Rank of Mazeppa v. Drenckhahn (In Re Drenckhahn)United States Bankruptcy Court, D. Minnesota · 1987
  5. G & J Investments v. Zell (In Re Zell)United States Bankruptcy Court, S.D. Ohio · 1989

16 more not listed; retrieve them via the Exa API.

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