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Res Judicata

In re Graves (August 19, 2016)

The doctrines of res judicata and merger do not prevent collection of post-judgment attorney’s fees where the contract expressly provides for such fees. To reach this decision, the Court relied on Texas Supreme Court cases holding that res judicata, the doctrinal basis for the doctrine of merger, does not apply where new facts have arisen since the prior litigation or where the parties expressed their intent that obligations survive the judgment.

WL Cite: In re Graves, 2016 WL 4427068 (Bankr. W.D. Tex. Aug. 19, 2016).