United States Eleventh Circuit

Bankruptcy court order enjoining plaintiff from continuing to seek relief against defendant for violations of state law in another federal district court is reversed where plaintiff, as a creditor, is not barred from later bringing an action against a co-creditor based upon state law claims if, during the pendency of a bankruptcy, plaintiff creditor failed to raise such claims.

Appellate Information

• Decided 07/18/2006
• Published 07/18/2006

Judges

• TRAGER, District Judge:, Before BIRCH and CARNES, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kenneth A. Shapiro, Mitchell & Shapiro, LLP, Atlanta, GA, Philip D. Anker, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, Daniel W. Sklar, Nixon Peabody, LLP, Manchester, NH, for Eastman Kodak Co.


• For Appellees:
  
• Jeffrey W. Kelley, Ezra H. Cohen, Troutman Sanders, Wendy L. Hagenau, Powell Goldstein, LLP, Atlanta, GA, Jay Teitelbaum, Wendy S. Walker, Morgan, Lewis & Bockius, LLP, New York City, for Defendants-Appellees.