Case Summary:
At the time this adversary proceeding was filed, a motion for relief from stay was pending in the main case. The Debtor’s arguments in opposition appeared to require the conclusion that until a determination was reached in the adversary proceeding, it was impossible to determine whether the movant had standing to seek relief from stay. Thus, the Court reviewed the adversary complaint. Because the review suggested the Debtor was challenging the validity of a foreclosure judgment, the Court ordered the Debtor to explain why the Rooker-Feldman doctrine would not bar the claims. After considering her response and other submissions, the Court determined it lacked subject-matter jurisdiction and dismissed the complaint.
Statute/Rule References:
11 U.S.C. § 362 -- Automatic stay
11 U.S.C. § 362(g) -- Automatic stay - Burden of Proof
Key Terms:
Automatic Stay
In Rem Relief
Rooker-Feldman