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· 7/12/2004

Fleet National Bank v. Gray

Citations

  • 375 F.3d 51
  • 2004 U.S. App. LEXIS 14253
  • 43 Bankr. Ct. Dec. (CRR) 67
  • 2004 WL 1562468

How courts have described this case

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

  • rejecting a judicial estoppel claim because “[a]t no time did the bankruptcy court accept the legal or factual assertions of the complaint”
  • refusing to apply judicial estoppel where prior proceeding ended in settlement
  • “It is Fleet’s status as a secured creditor at that time, not later, that determines the nature of its present 502(h) claim.”
  • “[W]e, like the district court, conclude that Fleet’s 502(h) claim would have the status of a prepetition secured claim[.]”
  • “[W]e, like the district court, conclude that Fleet’s 502(h) claim would have the status of a prepetition secured claim[.]”
  • court’s approval of parties’ settlement did not constitute acceptance of the plaintiff’s legal or factual assertions for purposes of judicial estoppel

Source: CourtListener parenthetical corpus (CC0).

Judges: Lipez, Campbell, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.