· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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