Res Judicata: The Preclusive Effect of the Confirmation Order

Article
News at 11, American Bankruptcy Institute Journal
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The preclusive effect of a prior judgment in a subsequent case is a powerful weapon in the litigator’s arsenal, prohibiting the plaintiff from reaching the merits of the case - no matter how strong the facts and the law are in his/her favor. The result is no different in the bankruptcy context. A chapter 11 confirmation order may constitute a final judgment on the merits entitled to res judicata

Republished with permission.