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· 6/30/1972

Giles E. Miller v. Meinhard-Commercial Corporation

Citations

  • 462 F.2d 358
  • 1972 U.S. App. LEXIS 8657

How courts have described this case

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

  • holding an unsecured creditor’s post-confirmation suit against a secured creditor for fraudulent misrepresentation at a creditors’ meeting constituted a collateral attack on the confirmation order
  • “[I]t is a collateral attack if it must in some fashion overrule a previous judgment.”
  • claims involved same cause of action, plaintiff had notice of fraudulent acts prior to judgment and elected not to raise them
  • \[a]n arrangement confirmed by a bankruptcy court has the effect of a judgment rendered by a district court\
  • action challenging integrity of court’s judgment is impermissible collateral attack; an action is a collateral attack if a court must in some fashion overrule a previous judgment
  • “Even though an action has an independent purpose and contemplates some other relief, it is a collateral attack if it must in some fashion overrule a previous judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goldberg, Dyer, Simpson

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.