California, United States of America
The following excerpt is from Levy v. Cohen, 137 Cal.Rptr. 162, 19 Cal.3d 165, 561 P.2d 252 (Cal. 1977):
[561 P.2d 258] 9] In the present action the findings establish: On May 25, 1973, plaintiff, as an unsecured creditor of the limited partnership, was given notice of the meeting of creditors (held June 26, 1973) which resulted in the order confirming plan of arrangement. 'Under Chicot County the crucial element that would bar collateral attack on a judgment seems to be whether the party was afforded an opportunity to litigate.' (Brown v. United States,supra, 508 F.2d at p. 631.) Plaintiff here had notice of the meeting of creditors and he does not suggest that he was denied an opportunity, at such meeting, to raise his objection that the bankruptcy court lacked jurisdiction to discharge defendants from liability for the obligations of the limited partnership. Since the objection could have been raised in the bankruptcy proceeding, the order confirming plan of arrangement is conclusive in the present action insofar as such order determined that defendants are not liable for obligations of the limited partnership.
In view of this conclusion, it is unnecessary to consider other points raised by defendants.
The judgment is reversed.
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