Monday, October 17, 2011

Fifth Circuit -- Dewey Weaver v. Texas Capital Bank, N.A.

 Debtor's claim that surrender of collateral satisfies required payout under Plan, though not barred by Rooker-Feldman, is barred by res judicata. 

Surrender of collateral is a defense to payment - claim was waived when not raised in bankruptcy court.

Dewey Weaver v. Texas Capital Bank, N.A.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.