IN RE ASSOCIATED VINTAGE GROUP, INC.

BAP No. NC-01-1418-KRyB. Bankruptcy No. 99-13853-AJ-11.

283 B.R. 549 (2002)

In re ASSOCIATED VINTAGE GROUP, INC., Debtor. The Alary Corporation, Appellant, v. Charles E. Sims, disbursing agent for the estate of Associated Vintage Group, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed: September 13, 2002.


Attorney(s) appearing for the Case

Douglas B. Provencher, Provencher & Flatt LLP, Santa Rosa, CA, for The Alary Corporation.

Steven M. Olsen, Geary, Shea, O'Donnell & Grattan, Santa Rosa, CA, for Charles Sims, Disbursing Agent for the Estate of Associated Vintage Group, Inc.

Before KLEIN, RYAN and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

The question is whether confirmation of a chapter 11 liquidating plan terminated the ability to recover an avoidable preference from a creditor. The analysis implicates principles of res judicata and of equitable or judicial estoppel. The answer depends on the terms of the plan and the dynamics of the process of confirming it.

Appellant argued that the doctrine of claim preclusion based on the confirmation of the...

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