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Rooker-Feldman Doctrine

The Rooker-Feldman Doctrine prohibits a federal court (other than the Supreme Court) from reviewing a state court judgment.

Table of contents for this topic:

Commentary

The doctiine arises from Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983).

Exceptions

Bankruptcy courts may have the power to make an independent determination regarding whether a credtior violated the Automatic Stay. In re Angelo, case no. 09-22241, 480 B.R. 70, 83 (Bankr.D.Mass. 2012).

Under the "Dabrowski exception" the doctrine does not apply to state court judgments that are void by virtue of a bankruptcy discharge. In re Von Kiel, 497 B.R. 423 (E.D.Pa. 2014).

See also

Footnotes

Topic revision: r2 - 29 Nov 2013, WikildBStaff5
 
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