IN RE MONUMENT RECORD CORP.

Nos. 383-00747, 383-00766 and 383-00748, Adv. No. 386-0242.

71 B.R. 853 (1987)

In re MONUMENT RECORD CORPORATION, Fred L. Foster, and Lisa L. Foster, Debtors. Lawrence POLLACK, Trustee for Monument Record Corporation, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORP., Hooker Investments, Ltd., Arthur B. Hancock, III, Fred L. Foster, Federal Land Bank of Louisville, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

March 13, 1987.


Attorney(s) appearing for the Case

Robert Ziegler, Kevin J. Jones, Loewenstein, Ziegler & Buffaloe, Nashville, Tenn., for debtors.

Russell H. Hippe, Jr., Trabue, Sturdivant & DeWitt, Nashville, Tenn., for F.D.I.C.

Wm. Caldwell Hancock, Nashville, Tenn., for trustee.

Bradley MacLean, Farris, Warfield & Kanaday, Nashville, Tenn., for Hooker/Hancock.

William Lamar Newport, Nashville, Tenn., for Unsecured Creditors' Committee.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

At issue is the preclusive effect of a Chapter 11 debtor-in-possession's agreed order for relief from the stay in subsequent litigation between the Chapter 11 trustee and the original moving creditor. The trustee is precluded to relitigate issues decided in the prior order.

The following constitute findings of fact and conclusions of law. Bankr.R. 7052.

I.

These Chapter 11 cases were...

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