Fischer v. Bank of America, N.A. (In re Fischer)

MEMORANDUM DECISION ON FIRST STATE BANK’S MOTION FOR SUMMARY JUDGMENT AND DEBTORS’ MOTION FOR JUDGMENT ON THE PLEADINGS

SUSAN V. KELLEY, Bankruptcy Judge.

After filing a Chapter 13 bankruptcy petition, the Debtors instituted this adversary proceeding to determine the priority of certain liens against their residence. The problem is that in a pre-bankruptcy foreclosure action, a state court already decided which lien had first position. Therefore, the issue is whether the Rooker-Feldmcm doctrine and the doctrine of claim preclusion bar the Debtors’ causes of action in this Court. The…