D-1 ENTERPRISES, INC. v. COMMERCIAL STATE BANK

No. 87-2699.

852 F.2d 823 (1988)

D-1 ENTERPRISES, INC., et al., Plaintiffs-Appellants, v. COMMERCIAL STATE BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 18, 1988.


Attorney(s) appearing for the Case

John J. Durkay, James L. Weber, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for plaintiffs-appellants.

Howard L. Close, Orgain, Bell & Tucker, Beaumont, Tex., for defendant-appellee.

Before BROWN, GEE and GARWOOD, Circuit Judges.


GEE, Circuit Judge:

The issue in this debtor's bankruptcy appeal is whether an agreed order lifting a stay and abandoning certain assets of the debtor to a creditor, entered in a "contested proceeding," is res judicata of various tort claims against that creditor for bad faith acceleration of a note, wrongful foreclosure and the like and, if not, whether these were compulsory counterclaims to the creditor's motion to lift the stay. Concluding that neither is the case...

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