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Memorandum Decision re: Motion for Nunc Pro Tunc Relief from Stay

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  • Section 702 of the Bankruptcy Reform Act provides that except as provided, the provisions shall take effect on the date of enactment, which was October 22, 1994.


  • In re Eubanks, 977 F.2d 166, 170-71 (5th Cir. 1992) (confirmed plan bars debtor's and wife's lender liability claims against banks); In re Heritage Hotel Partnership I, 160 B.R. 374, 377 (Bankr. 9th Cir. 1993)(confirmed plan is res judicata on debtor's prepetition lender liability claims); In re Blanton Smith Corp., 81 B.R. 440, 442-43 (M.D. Tenn. 1987)(order confirming plan is binding and precludes reconsideration upon conversion of provisions granting security interests even if based on an error of law).


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    MtWinery-op.pdf [2]

  • ©2007 United States Bankruptcy Court, Northern California. All Rights Reserved.

    Source URL (retrieved on 11/21/2008 - 19:45): http://www.canb.uscourts.gov/node/1021

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    [1] http://www.canb.uscourts.gov/print/1021
    [2] http://www.canb.uscourts.gov/canb/Documents.nsf/bf0c3519af9731c88825671d00666479/16713e552e00fd418825687f0004812f/$FILE/MtWinery-op.pdf