Federal Case

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a claim that was already pending prior to the bankruptcy was not reserved by the reorganization plan because it was not referenced in the plan at all
• recognizing exception to the doctrine of res judicata where the court in the prior action expressly reserves the litigant’s right to bring the later claims
• suggesting that a claim might be retained if a broad reservation was “explicit,” since creditors would have had the opportunity to “dicker over the language”
• discussing the \exception to [claim preclusion] that expressly reserved suits may survive a final bankruptcy order\
• “Disbursing Agent ... shall enforce all causes of action existing in favor of the Debtor and Debtor in Possession”
• affirming district court's holding that breach of contract action filed post-confirmation was barred under the doctrine of res judicata where confirmed plan included only \a blanket reservation lacking the specificity necessary to reserve a cause of action\

Source: CourtListener parenthetical corpus (CC0).