All posts tagged res judicata

Is “Allowance” of a Claim Binding in the Next Case? Bankruptcy or Otherwise?

I came back from Montana with a treasure trove of tidbits, some of which will save my postier in the future.  I was bragging to Judge Jury about an appeal I am working on before the BAP (which she will never be involved in because it is the Central District).  But I told her that it is a chapter 13 case and the case may be dismissed so the issue will be moot.  She asked if it was a claims objection issue.  Yes.  Well then, she said, the creditor (us) will not be able to renew the issue if there is a subsequent filing, in bankruptcy court, or otherwise.  The next day she handed me a note with the case that says this.  Is this a great judge or what? Read more…

Tenants Beware: Stipulation to Judgment May Be Treated as Res Judicata

This blog is a quick review of Needelman v. DeWolf Realty Company which was entered on July 21, 2015.

The tenant entered into a stipulated judgment that specifically provided that Tenant waived “any claims he may have, which [the lessors] assert do not exist, to bring an attempted wrongful eviction against [the lessors] or any action in any way arising out of or concerned with his tenancy…” and stated that Tenant “agrees that any of his personal property remaining in the unit after he vacates or is evicted therefrom shall be considered abandoned property, and [the lessors] shall be entitled to dispose of it without any notice to Tenant or his attorney.”

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