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Legal Opinion

In re ProCare Automotive Service Solutions, LLC

United States Bankruptcy Court, N.D. Ohio

Decided January 24, 2007No. 06-10605Published

1Opinion of the Court

MEMORANDUM OF OPINION AND ORDER

PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.

Prepetition, Frederick G. Voltz, trustee of the Voltz Family Trust dated 9/25/95, obtained a state court judgment against ProCare Automotive Service Solutions, LLC based on damages for termination of a real estate lease. Voltz filed a proof of claim in ProCare’s chapter 11 case for the full amount of the judgment. The debtor objects, arguing that the claim is subject to the cap set forth in 11 U.S.C. § 502(b)(6). Voltz responds that preclusion principles make that cap inapplicable. For the reasons stated below, the…

2Cases cited21 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  5. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984

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