Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.)

How courts have described this case

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

• finding that because a chapter 11 proceeding involves many parties the role of the players as plaintiff and defendant can become cloudy
• noting that it is “appropriate” to estop a “nondisclosing debtor” from exploiting an unscheduled cause of action for its own benefit after closure of the bankruptcy case
• explaining that “a 3 plan may provide for the retention and enforcement, by a trustee 4 or specially-appointed representative, of a claim belonging to 5 the estate. 11 U.S.C. § 1123(b)(3)(B).”
• describing chapter 11 as essentially a structured negotiation; discussing estop-pel issues
• “[T]he affirmative defense of claim preclusion is waived if not timely raised, which is another way of saying that the defendant has acquiesced.”
• “Unscheduled property remains ‘property of the estate’ after the case is closed (i.e. forever).”

Source: CourtListener parenthetical corpus (CC0).