IN RE HERITAGE HOTEL PARTNERSHIP I

BAP No. NV-93-1254-RMeAd, Bankruptcy No. BK-S-91-24449-RCJ, Adv. No. 92-2239.

160 B.R. 374 (1993)

In re HERITAGE HOTEL PARTNERSHIP I, a limited partnership Debtor. HERITAGE HOTEL LIMITED PARTNERSHIP I, a Nevada limited partnership; National Heritage Industries, Inc., a Nevada Corporation; and Daniel Keiserman, Appellants, v. VALLEY BANK OF NEVADA, a Nevada corporation; and Key Bank, a foreign corporation, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 2, 1993.


Attorney(s) appearing for the Case

William L. McGimsey, Las Vegas, NV, for appellants.

Janet L. Chubb, Reno, NV, for appellees.

Before: RUSSELL, MEYERS and ADLER, Bankruptcy Judges.


OPINION

RUSSELL, Bankruptcy Judge:

After the confirmation of the debtor's Chapter 112 plan, the debtor brought a complaint asserting various lender liability causes of action which arose out of a prepetition lending arrangement. Neither the plan nor the disclosure statement mention these causes of action. The bankruptcy court dismissed the complaint as barred by the doctrines of res judicata and equitable estoppel...

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