In Re J. David Dominelli, Debtors. M. Larry Lawrence v. Steinford Holding B v. a Netherlands Corporation

How courts have described this case

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

• noting that if state law provided petitioner with a private cause of action for usury, then bankruptcy trustee’s settlement with debtor on estate’s usury claim would not constitute res judicata
• \[T]he trustee is a party in interest who may object to a claim under section 502(a).\
• although a creditor is a “party in interest” under section 502, “needs of efficient administration” require that trustee control
• “For purposes of res 4 judicata, privity exists where two parties represent the interests of the same entity.”
• “Under California law, if a transaction is usurious, generally the interest 15 provision of the loan is void, but the principal of the loan is unaffected.”
• dismissal of action with prejudice pursuant to a settlement agreement constitutes a final judgment on merits and precludes parties from reasserting the same claim in a subsequent action

Source: CourtListener parenthetical corpus (CC0).