Kelley v. South Bay Bank (In Re Kelley)

How courts have described this case

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

• holding that “if the debtor fails to mention the cause of action in either his schedules, disclosure statement, or plan, then he will be precluded from asserting it postconfirmation”
• holding that “if the debtor fails to mention the cause of action in either his schedules, disclosure statement, or plan, then he will be precluded from asserting it postconfirmation”
• finding a blanket reservation insufficient to prevent the application of res judicata to a specific action
• “If a confirmed plan expressly reserves the right to litigate a specific cause of action after confirmation, then res judicata does not apply.”
• “Creditors vote on the plan on the basis of how the plan treats their claims.”
• “If a confirmed plan expressly reserves the right to litigate a specific cause of action after confirmation, then res judicata does not apply”

Source: CourtListener parenthetical corpus (CC0).