green
Positive treatment
Quoted verbatim 3×
69.5 score
“the allowance or disal-lowance of a claim in bankruptcy is binding and conclusive on all parties or their privies, and ... furnishes a basis for a plea of res judicata”
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited "but see"
In Re Giordano
But cf. Siegel v. Federal Home Loan Mortgage Corp., 143 F.3d 525, 528-31 (9th Cir.1998) (questioning County Fuel).
discussed
Cited as authority (verbatim quote)
In re: Carolyn L. Burke
siegel's decision to pursue a whole new course of litigation made him subject to the strictures of the attorney's fee provision
discussed
Cited as authority (verbatim quote)
Hann v. Educational Credit Management Corp. (Hann)
(2×)
also: Cited as authority (rule)
the allowance or disal-lowance of a claim in bankruptcy is binding and conclusive on all parties or their privies, and ... furnishes a basis for a plea of res judicata
discussed
Cited as authority (quoted)
In re Halsey McLean Minor
(2×)
also: Cited "see"
that matters decided in 16 bankruptcy.
cited
Cited as authority (rule)
In re Claude Dennis Wilkes v. The Santana Row-Forest Building Condominium Homeowners Association, et al.
Corp., 143 F.3d 525, 533-35 (9th 27 Cir. 1998)).
cited
Cited as authority (rule)
In re Claude Dennis Wilkes v. The Santana Row-Forest Building Condominium Homeowners Association, et al.
Corp., 143 F.3d 525, 533-35 (9th 27 Cir. 1998)).
cited
Cited as authority (rule)
In re: Alexander Von Neitsch AND Elena Von Neitsch
Corp., 143 F.3d 525, 533 (9th Cir. 1998).
discussed
Cited as authority (rule)
Cashman Equipment Corporation, Inc. v. Cardi Corporation, Inc.
F. LLC, 836 F.3d 1028, 1035 (9th Cir. 2016) (quoting Siegel v. Federal Home Loan Mortgage Corporation, 143 F.3d 525, 533 (9th Cir. 1998)). 6 We note that the same federal courts generally hold the opposite if the contract itself contemplated attorneys’ fees and the attorneys’ fees are part of the contract damages awarded.
discussed
Cited as authority (rule)
Hurst-Castl v. Long Term Capital Partnership VI, LLC
(2×)
also: Cited "see"
Corp., 143 F.3d 525, 529 (9th Cir. 9 1998) (quoting United States v. Coast Wineries, Inc., 131 F.2d 643, 648 (9th Cir. 1942)). 10 Plaintiff does not put forth any arguments or rebuttals regarding elements one and three. 11 (See generally Resp.); see LR 7-2 (“The failure of an opposing party to file points and 12 authorities in response to any motion . . . constitutes a consent to the granting of the motion.”). 13 But she does argue that res judicata does not bar her claims because her former claims were not 14 adjudicated on the merits in the Quiet Title Action nor in the Claim Allowance O…
discussed
Cited as authority (rule)
Roe v. Deutsche Bank National Trust Company NA
(2×)
Corp., 143 F.3d 525, 533 (9th Cir. 18 1998)).
cited
Cited as authority (rule)
Brown v. Transworld Systems Inc
Home Loan Mortgage Corp., 20 143 F.3d 525, 528 (9th Cir. 1998). 21 The first requirement, that the bankruptcy court reached a final judgment on the merits, is 22 met.
cited
Cited as authority (rule)
Mallinckrodt PLC v.
Corp., 143 F.3d 525, 533 (9th Cir. 1998); In re Sure-Snap Corp., 983 F.2d 1015 , 1018 (11th Cir. 1993).
discussed
Cited as authority (rule)
CCC Capital Investments, LLC v. National Default Servicing Corporation
(2×)
also: Cited "see"
Corp., 143 F.3d 525, 531 (9th Cir. 1998).
cited
Cited as authority (rule)
Radecki v. Bank of America, N.A.
Corp., 24 143 F.3d 525, 531 (9th Cir. 1998).
cited
Cited as authority (rule)
Tim Radecki v. The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc. Asset-Backed Certificates, Series 2006-BC5
Corp., 143 F.3d 525, 529 (9th Cir. 1998)).
cited
Cited as authority (rule)
Cindy B Scherman
Mich. 2002) (citing Siegel v. Federal Home Loan Mortgage Corp., 143 F.3d 525, 532 (9th Cir. 1998)).
cited
Cited as authority (rule)
In re Hermann Muennichow
Corp., 143 F.3d 525, 529 (9th 23 24 4 The Trustee argues the Court should review the bankruptcy court’s application of claim 25 preclusion for abuse of discretion.
cited
Cited as authority (rule)
Porter Development Partners, LLC and PPP Management, LLC
Corp., 143 F.3d 525, 529 (9th Cir. 1998). 44 FED R.
discussed
Cited as authority (rule)
Ditech Holding Corporation
In that case, the court held that “the allowance or disallowance of a claim in bankruptcy is binding and conclusive on all parties or their privies, and being in the nature of a final judgment, furnishes a basis for a plea of res judicata.” Id. at 529 (internal quotation marks omitted); see also In re Los Gatos Lodge, Inc., 278 F.3d 890, 894 (9th Cir. 2002) (“Proofs of claims themselves are not final judgments giving rise to res judicata, but the bankruptcy court's allowance or disallowance of a proof of claim is a final judgment.”).
discussed
Cited as authority (rule)
Myer's Lawn Care Services, Inc. v. Fragala
Corp., 143 F.3d 525, 530 (9th Cir. 1998) (finding that the allowance of a claim without objection under § 502(a), even in the absence of a separate order, is a final judgment giving rise to res judicata); see also Tr. of Operating Eng’rs Local 325 Pension Fund v. Bourdow Contracting, Inc., 919 F.3d 368 , 382–83 (6th Cir. 2019) (same).
discussed
Cited as authority (rule)
Samuel v. West Coast Servicing Incorporated
Corp., 143 F.3d 525, 530 (9th Cir. 1998) (holding once 24 “the validity of the claim has been determined on the merits, and attacks upon it that ‘could 25 have been asserted’ cannot be raised in later proceedings”).
cited
Cited as authority (rule)
Jessica Saepoff v. HSBC Bank USA, N.A.
Corp., 143 F.3d 525, 528 (9th Cir. 1998).
examined
Cited as authority (rule)
Cruz v. Valerio Townhomes Homeowners Assn. CA2/5
(4×)
(Association of Irritated Residents v. Department of Conservation (2017) 11 Cal.App.5th 1202, 1218 (Association of Irritated Residents) [“Because it is a question of law, we review de novo the trial court’s conclusion that res judicata was applicable in this case”].) Under title 11 of United States Code section 502, subdivision (a), “[a] claim or interest, proof of which is filed under section 501 of this title . . . , is deemed allowed, unless a party in interest . . . objects.” The “allowance or disallowance of ‘a claim in bankruptcy is binding and conclusive on all parties or …
cited
Cited as authority (rule)
Roman Catholic Church of the Archdiocese of Santa and Associated Case in US District Court
Corp., 143 F.3d 525, 530 (9th Cir. 1998).
cited
Cited as authority (rule)
Ditech Holding Corporation
Siegel, 143 F.3d at 533 (citations omitted).
cited
Cited as authority (rule)
In Re: Enrique V. Greenberg
Home Loan Mortgage Corp., 143 F.3d 525, 529 (9th Cir.1998)).
discussed
Cited as authority (rule)
In re: Francisco Ramirez Ramirez and Aurora Mendez Barajas
(2×)
also: Cited "see"
Corp., 143 F.3d 525, 530-31 (9th Cir. 1998), is dispositive.
discussed
Cited as authority (rule)
Steven Max Pottorff
Corp., 143 F.3d 525, 530 (9th Cir. 1998) (quoting Robertson v. Isomedix, Inc. (In re Intl.
cited
Cited as authority (rule)
Nathaniel Lane v. the Bank of New York Mellon
Corp., 143 F.3d 525, 529 (9th Cir. 1998).
cited
Cited as authority (rule)
Stewart v. Geissler
Corp., 143 F.3d 525, 528-29 (9th Cir. 1998) (internal 9 || quotation omitted).
discussed
Cited as authority (rule)
Mohr v. Deutsche Bank National Trust Company as Trustee
(2×)
Corp., 143 F.3d 525, 529-30 (9th Cir. 1998) (holding that “a bankruptcy court’s allowance or disallowance of a claim is a final judgment” for purposes of res judicata); see also McClain, 793 F.2d at 1033 (recognizing the preclusive effect of a prior bankruptcy-court decision).
discussed
Cited as authority (rule)
Janeene Hope Vickers Moore-McKinney
Corp., 143 F.3d 525, 529 (9th Cir. 1998) (citing U.S. v. Coast Wineries, 131 F.2d 643, 648 (9th Cir.1942)). “[T]he allowance or disallowance of a claim in bankruptcy should be given like effect as any other judgment of a competent court, in a subsequent suit against the bankrupt or any one in privity with him.’” Bank of Lafayette v. Baudoin (In re Baudoin), 981 F.2d 736, 742 (5th Cir.1993) (finding that a bankruptcy order allowing a proof of claim is a final judgment to be given res judicata effect).
discussed
Cited as authority (rule)
Nathalie Sims v. RoundPoint Mtge Servicing Corp
Corp., 143 F.3d 525, 529 (9th Cir.1998)) (“[T]he allowance or disallowance of ‘a claim in bankruptcy is bind- ing and conclusive on all parties or their privies, and being in the nature of a final judgment, furnishes a basis for a plea of res judicata’”.).
cited
Cited as authority (rule)
State of Colorado v. Robert J. Hopp & Associates, LLC
Corp., 143 F.3d 525, 534 (9th Cir. 1998)). ¶ 15 Castellino Villas is inapposite here.
discussed
Cited as authority (rule)
George Gehron v. Christiana Trust
Corp., 143 F.3d 525, 528-29 (9th Cir. 1998) (applying res judica-ta to claims a borrower could have brought against the lender in an earlier bankruptcy proceeding); United States v. Coast Wineries, 131 F.2d 643, 648 (9th Cir. 1942) (“[A]n order disallowing a claim in bankruptcy is binding and conclusive on all parties or their privies, and being in the nature of a final judgment, furnishes a basis for a plea of res judicata.”).
cited
Cited as authority (rule)
In re: Aida Aziz
Corp., 143 F.3d 525, 529 (9th Cir. 1998)), with Ctr.
cited
Cited as authority (rule)
In re: Aida Aziz
Corp., 143 F.3d 525, 529 (9th Cir. 1998)), with Ctr.
cited
Cited as authority (rule)
Kerr v. American Alternative Insurance Corp. (In re One World Adoption Services, Inc.)
Corp., 143 F.3d 525, 528-31 (9th Cir. 1998); Bank of Lafayette v. Baudoin (In re Baudoin), 981 F.2d 736, 740 (5th Cir. 1993); EDP Med.
discussed
Cited as authority (rule)
Jacqueline Warner v. Cmg Mortgage, Inc.
Home Loan Mortgage Corp., 143 F.3d 525, 528-29 (9th Cir. 1998) (holding borrower’s action against lender was barred by the res judicata effect of a related bankruptcy proceeding); United States v. Coast Wineries, 131 F.2d 643, 648 (9th Cir. 1942) (“[A]n order disallowing a claim in bankruptcy is binding and conclusive on all parties or their privies, and being in the nature of a final judgment, furnishes a basis for a plea of res judicata.”).
cited
Cited as authority (rule)
Opperwall v. Bank of America, N.A.
Corp., 143 F.3d 525, 529 (9th Cir. 1998) (quoting In re Int’l Nutronics, Inc., 28 F.3d 965, 970 (9th Cir. 1994)).
discussed
Cited as authority (rule)
Rescap Liquidating Trust v. PHH Mortgage Corp. (In re Residential Capital, LLC)
Corp., 143 F.3d 525, 531 (9th Cir.1998)); see also In re Gillespie, 516 B.R. at 591 (noting Ybarra rule reflects that Congress “did not intend to insulate debtors from costs associated with postpetition acts”) (citing Ybarra, 424 F.3d at 1024)).
cited
Cited as authority (rule)
Picerne Construction Corp. v. Castellino Villas, A. K. F. LLC (In Re Castellino Villas, A. K. F. LLC)
Corp., 143 F.3d 525, 534 (9th Cir. 1998).
cited
Cited as authority (rule)
In re: Rodolfo Velasquez
Corp., 143 F.3d 525, 528-31 (9th Cir. 1998).
cited
Cited as authority (rule)
In re: Rodolfo Velasquez
Corp., 143 F.3d 525, 528-31 (9th Cir. 1998).
discussed
Cited as authority (rule)
In re Covelli
Home Loan Mortgage Corp., 143 F.3d 525, 528-31 (9th Cir.1998) (holding that a bankruptcy court’s allowance of an uncontested proof of claim, even without a separate order, is a final judgment for res judicata purposes).
cited
Cited as authority (rule)
Providence Hall Associates Ltd. Partnership v. Wells Fargo Bank, N.A.
Corp., 143 F.3d 525, 530-31 (9th Cir.1998) (explaining that County Fuel merely expressed doubts about the application of res judicata, but decided the case on waiver grounds).
discussed
Cited as authority (rule)
Morris Maxwell v. Deutsche Bank National Trust C
Corp., 143 F.3d 525, 528-29 (9th Cir.1998) (explaining that doctrine of res judicata “bars all grounds for recovery that could have been asserted, whether they were or not” and applies to matters decided in bankruptcy (citation and internal quotation marks omitted)).
examined
Cited as authority (rule)
In re Residential Capital, LLC
(8×)
also: Cited "see"
In Siegel, 143 F.3d at 534, the Ninth Circuit held that an attorneys’ fee provision from a prepetition contract was not discharged through bankruptcy when the debtor chose to “return to the fray and use the contract as a weapon.” The debtor and his partner initiated a pre-discharge action against the mortgagee alleging violations of the lender’s duties under the deeds of trust.
Retrieving the full opinion text from the archive…
L’ANZA RESEARCH INTERNATIONAL, INC., Plaintiff-Appellee,
v.
QUALITY KING DISTRIBUTORS, INC., a New York Corporation, Defendant-Appellant
v.
QUALITY KING DISTRIBUTORS, INC., a New York Corporation, Defendant-Appellant
95-56447.
Court of Appeals for the Ninth Circuit.
May 4, 1998.
ORDER
The opinion of this court, 98 F.3d 1109, is vacated and the case is remanded to the District Court for further proceedings consistent with the decision of the Supreme Court of the United States, decided March 9, 1998, 523 U.S. -, 118 S.Ct. 1125, 140 L.Ed.2d 254 (1998)
IT IS SO ORDERED.