Exceptional circumstances justified vacatur in bankruptcy case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 17, 2023 9:33 AM

Reviewing developments on post-settlement requests for vacatur, a U.S. magistrate judge in Oklahoma concluded that “exceptional circumstances” justified a joint motion to vacate a bankruptcy judgment — even though the Supreme Court placed a finger on the other side of the scale.The bankruptcy judgment, part of “entwined state and federal litigation that has been pending for over six years with no foreseeable chance of timely resolution — absent settlement,” included rulings about alleged misconduct in pursuing a state …

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