(Bankr. E.D. Ky. Apr. 15, 2016)
The bankruptcy court dismisses the plaintiff’s complaint because it failed to state a claim. The complaint was based on a factual assertion that the plaintiff’s predecessor had an interest in certain bank account funds. However, the prior 11 U.S.C. § 363 sale order and confirmation order adjudicated otherwise. Thus, the claims were barred by the doctrine of res judicata. Opinion below.
Attorneys for Plaintiff: Philip G. Fairbanks, M. Austin Mehr, John M. Simms
Attorneys for Defendants: Stoll Keenon Ogden PLLC, Philip Douglas Barr, Kent Durning, Lea Pauley Goff, Dinsmore and Shohl LLP, Janet Smith Hobrook, Martin B. Tucker, H. Derek Hall