Pollack v. Federal Deposit Insurance (In Re Monument Record Corp.)

How courts have described this case

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

• holding that Chapter 11 Trustee was bound by agreed order stipulated to by debtor-in-possession prior to appointment of the trustee after finding that “[tjhere were no deficiencies of notice”
• suggesting that the word privity merely indicates a relationship close enough to bind both parties by a judgment involving only one party
• holding that, where the debtor resolved a motion for relief from stay by stipulating that the creditor’s security interest was a valid first lien, the court-approved stipulation, which was entered with adequate notice, was binding on the later appointed Chapter 11 trustee
• indicating that consent decree can be issue preclusive where parties so intend
• Chapter 11 Trustee was bound by agreed order stipulated to by debtor-in-possession prior to appointment of the trustee after finding that “[t]here were no deficiencies of notice.”
• “The courts recognize that the acts of the debtor-in-possession generally bind a subsequently-appointed trustee.”

Source: CourtListener parenthetical corpus (CC0).