IN RE SIX

No. 94-3569.

80 F.3d 452 (1996)

In re Richard SIX, Debtor. OB/GYN SOLUTIONS, L.C., Plaintiff-Appellant, v. Richard SIX, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 15, 1996.


Attorney(s) appearing for the Case

Lee Statton Damsker, Maney Damsker Harris & Jones, Tampa, FL, for appellant.

Jay Barry Verona, Jay B. Verona, P.A., St. Petersburg, FL, for appellee.

Before BIRCH, Circuit Judge, and CLARK and WEIS, Senior Circuit Judges.


WEIS, Senior Circuit Judge:

In this case, the holder of a note secured by a mortgage filed a claim in bankruptcy giving credit for the amount bid at a judicial sale in the state foreclosure proceeding. Because the claim put the amount of the credit at issue, we conclude that the creditor cannot invoke res judicata to bar the debtor-guarantor from showing that the value of the property was more than the bid price. Therefore, we affirm the district court's order...

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