Pilate

In 1986, a then little known rapper, Stanley Burrell (at the time known as “Holy Ghost Boy” and later to be known as “M.C. Hammer,” and subsequently simply “Hammer”), approached Felton Pilate, a well-established producer, to collaborate on the production of an album. Their first LP, “Let’s Get It Started,” went multi-platinum in 1988 and they continued to collaborate until 1990 without any written agreement. In January 1990, they signed two contracts (the Songwriter’s and Producer’s agreements), the interpretation of which is the sole issue appealed from the judgments below.

This case presents the question of whether the preclusive effect of those judgments requires vacatur in the bankruptcy context when the underlying claims have been mooted on appeal.

I.

Burrell filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101 et seq., on April 1, 1996. In September 1998, his bankruptcy petition was converted to a petition under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 701 et seq. On April 5, 1999, Pilate filed an adversary complaint in the bankruptcy proceeding, objecting to the discharge of Burrell’s debt to him and requesting, inter alia, an…