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· 4/23/1996

In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and Scarborough

Citations

  • 81 F.3d 1310
  • 1996 U.S. App. LEXIS 8822
  • 28 Bankr. Ct. Dec. (CRR) 1262
  • 1996 WL 194199

How courts have described this case

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

  • holding that equitable estoppel and waiver apply in the bankruptcy context and also bar the claims
  • explaining that estoppel rule is designed to protect party that may be prejudiced by an opponent's change of position
  • noting that res judicata bars relitigation for “every claim that might have been presented” from the same core operative facts
  • stating that “claim preclusion occurs when three conditions are satisfied: 1
  • affirming that “claim preclusion occurs when three conditions are Satisfied: 1
  • finding res judicata applied to bar post-confirmation objection to claim treated as secured in chapter 11 plan based on corollary provisions of chapter 11

Source: CourtListener parenthetical corpus (CC0).

Judges: Murnaghan, Michael, Western, Virginia

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