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· 5/4/1987

REPUBLIC SUPPLY CO., Plaintiff-Appellee, v. Joseph SHOAF, Defendant-Appellant

Citations

  • 815 F.2d 1046
  • 16 Collier Bankr. Cas. 2d 1305
  • 1987 U.S. App. LEXIS 5665

How courts have described this case

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

  • holding that Republic's cause of action for enforcement of the guaranty was barred by confirmation order that Republic did not appeal
  • holding that order confirming plan that released creditor’s claims against guarantor was a final judgment on the merits of those claims
  • finding that the second prong of res judicata was met because the bankruptcy court determined it had subject matter jurisdiction and that decision was not appealed
  • stating that confirmation orders are entitled to res judicata effect
  • section 524(e) objection must be noted prior to confirmation as a final and unappealed confirmation order may, by virtue of res judicata, discharge a guarantor
  • “[University of Chicago Press] is willing, however, to accept other ways of handling these situations if they are consistently followed throughout a manuscript.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Jolly, Hill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.