· 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 CourtListenerSourced 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.