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WINMARK LTD. v. MILES & STOCK BRIDGES

No. 57, September Term 1996.

693 A.2d 824 (1997)

345 Md. 614

WINMARK LIMITED PARTNERSHIP et al. v. MILES & STOCKBRIDGE, et al.

Court of Appeals of Maryland.

May 9, 1997.

Attorney(s) appearing for the Case

Steven B. Preller, Annapolis, for Petitioners.

John E. Sandbower, III (Sandbower & Gabler, P.A., Baltimore; Paul W. Spence, Spence, Kohler, Christie & Pulver, P.A., Towson), on brief, for Respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, RAKER and WILNER, JJ.

RODOWSKY, Judge.

In this case we consider whether a debtor's nondisclosure, as an asset, of a potential tort claim during a debtor in possession reorganization under Chapter 11 of the Bankruptcy Code bars the debtor from post-confirmation litigation of that claim against defendants who were not creditors in the bankruptcy.

The petitioners are WinMark Limited Partnership (WinMark) and its two general partners, Jay A. Winer (Winer) and Mark Sapperstein (Sapperstein...

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