- Case Type:
- Case Status:
- BAP No. CO-20-006 & CO-20-026 (10th Circuit, Sep 01,2020) Not Published
- BAP for 10th Cir. affirmed orders of bankruptcy court (D. Colo.) dismissing debtor's complaint, striking debtor's repetitive filings, and sanctioning debtor for abusive conduct. Bankruptcy court properly applied issue and claim preclusion in declining debtor's requests to review final judgments of state court to reach a different conclusion or to adjudicate claims that could have been brought in prior litigation. Rooker Feldman Doctrine also precluded bankruptcy court review of state court judgments. Bankruptcy court did not abuse discretion in striking pleadings as abusive conduct sanction.
- Procedural context:
- Bankruptcy court (D. Colo.) entered orders dismissing adversary proceeding commenced by debtor and striking a motion and imposing sanctions against debtor for violating previous orders. Debtor appealed to BAP for 10th Cir.
- Debtor, who owned multiple units in condo complex, and HOA had long and contentious history in which debtor went to extreme lengths to avoid payment of debts, including attempting a coup of HOA board of directors, and fraudulently transferring assets to avoid rental income garnishment. In state court, HOA obtained judgment for damages and attorneys' fees. Debtor and HOA entered into agreement with mutual obligations, whereby the HOA would forbear from collecting on judgment, including fees. Debtor filed bankruptcy under chapter 11 asserting he held numerous claims against HOA. Bankruptcy court granted motion to appoint chapter 11 trustee, then converted case to chapter 7. The trustee entered into a settlement with the HOA regarding the HOA's claim. Debtor objected to otherwise challenged HOA's allowed claim at least six times. Bankruptcy court entered order that it would sanction any further objection with a "fine" of $1,000. Debtor subsequently filed an adversary complaint that included objections to the claim and filed a separate motion seeking to bar the portion of the HOA's claim for attorney fee claim.
- Cornish, Michael, Loyd
3268 in the system
2 Being Processed