Bankr. No.:
89-10011
Chapter:
12
Date of Decision:
July 10, 1989
Issue:
Whether the bank is collaterally estopped from challenging the value of its collateral in the debtors' Chapter 12 plan, which value had been previously determined in a state court proceeding?
Ruling:
The Court found the previous foreclosure action (prior to the bankruptcy filing) which determined the value of the bank’s collateral, absent evidence of a substantial change, collaterally estops the bank from re-litigating the issue.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court affirmed the bankruptcy court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: