Legal Question in Bankruptcy in New York

Res Judicata and F.R. Bank.P. 9019

What is the res judicata effect of provision in order obtained pursuant to F.R. Bankr. P. 9019 "holding" or "finding" that certain facts alleged in complaint are true? That is, does the order bar creditors of the bankruptcy estate (who have entered notices of appearance in the bankruptcy case) who have been given notice of the hearing to approve the settlement of the underlying litigation (which settlement stipulation contains the operative language)?


Asked on 6/03/99, 2:07 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Res Judicata and F.R. Bank.P. 9019

You seem to be confusing two principles: Law of the case and res judicata. The facts you present are too cloudy to really understand your question.

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Answered on 6/04/99, 7:24 pm


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