Legal Opinion
Howe v. Vaughan (In re Howe)
Court of Appeals for the Fifth Circuit
Decided September 24, 1990No. Nos. 89-4513, 89-4548PublishedCited by 28 opinions
1Opinion of the Court
KING, Circuit Judge:
Five years after the confirmation of a Chapter 11 bankruptcy plan, the debtors filed lender liability claims in state court against two of their principal creditors. The creditors removed the suit to federal district court, which in turn referred the suit to the bankruptcy court. The bankruptcy court granted the creditors’ motion to dismiss, holding that, under the principles of res judicata, the confirmation order barred the debtors’ claims. The district court affirmed, as do we.
In a second consolidated case, the debtors also contend that they should be allowed to dismiss…
2Cases cited21 opinions
- Agnes E. NILSEN, Plaintiff-Appellant, v. the CITY OF MOSS POINT, MISSISSIPPI, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- REPUBLIC SUPPLY CO., Plaintiff-Appellee, v. Joseph SHOAF, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1987
- Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984
- In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1989
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- J.T. Moran Financial Corp. v. American Consolidated Financial Corp. (In Re J.T. Moran Financial Corp.)District Court, S.D. New York · 1991
- Howe v. VaughanCourt of Appeals for the Fifth Circuit · 1990
- Spicer v. Laguna Madre Oil & Gas II, L.L.C. (In Re Texas Wyoming Drilling, Inc.)Court of Appeals for the Fifth Circuit · 2011
23 more not listed; retrieve them via the Exa API.