Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
Applying the doctrine of res judicata, defendant's motion to dismiss this adversary complaint is granted in part and denied in part since, considering the prior orders issued by the bankruptcy court, neither the Trustee nor the individual plaintiff, as successor in interest to the debtors, may pursue any claim that the debtors could have asserted preconfirmation; however, the successor is entitled to bring any claims that he holds in his personal capacity; plaintiffs are permitted to amend the complaint.
September 19, 2005 at 12:00 AM
1 minute read
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