Yadkin Valley Bank & Trust Co. v. Northwestern Bank

Court of Appeals of North Carolina

Yadkin Valley Bank & Trust Co. v. Northwestern Bank

343 S.E.2d 439, 80 N.C. App. 716, 1986 N.C. App. LEXIS 2238

CourtCourt of Appeals of North Carolina

DecidedMay 20, 1986

DocketNo. 8523SC1378

StatusPublished

This text of 343 S.E.2d 439 (Yadkin Valley Bank & Trust Co. v. Northwestern Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yadkin Valley Bank & Trust Co. v. Northwestern Bank, 343 S.E.2d 439, 80 N.C. App. 716, 1986 N.C. App. LEXIS 2238 (N.C. Ct. App. 1986).

Pincite

Opinion

HEDRICK, Chief Judge.

The record before us affirmatively discloses that plaintiffs filed an adversary proceeding in the United States Bankruptcy Court for the Middle District of North Carolina alleging that defendants Dairymen, Inc., Northwestern Bank, and Chore-Boy, Inc., had negligently violated an automatic stay in bankruptcy by removing dairy equipment from a farm operated by plaintiffs Hutchinsons and that defendants’ conduct constituted an unfair and deceptive trade practice. On 19 October 1984, United States Bankruptcy Judge James B. Wolfe, Jr., entered an order dismissing plaintiffs’ complaint against defendants Dairymen, Inc., Northwestern Bank and Chore-Boy, Inc. On 5 June 1985, the judgment [718]*718of the bankruptcy court was affirmed by United States District Judge Frank W. Bullock, Jr. We hold that the judgment of the United States District Court is res judicata as to plaintiffs’ claim. The record discloses an insurmountable bar to plaintiffs’ claim and therefore the trial court’s entry of summary judgment for defendants was proper.

Affirmed.

Judges Arnold and Eagles concur.

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HEDRICK, Chief Judge.

The record before us affirmatively discloses that plaintiffs filed an adversary proceeding in the United States Bankruptcy Court for the Middle District of North Carolina alleging that defendants Dairymen, Inc., Northwestern Bank, and Chore-Boy, Inc., had negligently violated an automatic stay in bankruptcy by removing dairy equipment from a farm operated by plaintiffs Hutchinsons and that defendants’ conduct constituted an unfair and deceptive trade practice. On 19 October 1984, United States Bankruptcy Judge James B. Wolfe, Jr., entered an order dismissing plaintiffs’ complaint against defendants Dairymen, Inc., Northwestern Bank and Chore-Boy, Inc. On 5 June 1985, the judgment [718]*718of the bankruptcy court was affirmed by United States District Judge Frank W. Bullock, Jr. We hold that the judgment of the United States District Court is res judicata as to plaintiffs’ claim. The record discloses an insurmountable bar to plaintiffs’ claim and therefore the trial court’s entry of summary judgment for defendants was proper.

Affirmed.

Judges Arnold and Eagles concur.

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Bluebook (online)

343 S.E.2d 439, 80 N.C. App. 716, 1986 N.C. App. LEXIS 2238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yadkin-valley-bank-trust-co-v-northwestern-bank-ncctapp-1986.