· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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