Stark v. Stark

Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 week ago

Citation:

09-17201 (9th Cir. Feb. 15, 2011)

Tag(s):

9th Circuit

Ruling:

Rooker-Feldman doctrine has little or no application in a bankruptcy proceeding that invokes substantive rights under the Bankruptcy Code. Bankruptcy Courts have right to reverse, amend or discharge state court judgements.

Procedural context:

Appeal from the District Court which affirmed the Bankruptcy Court's grant of summary judgement as to amount and non-dischargeability of debt. Reversed and remanded for determination of amount and dischargeability of debt.

Facts:

Creditor obtained a California state court default judgement against Debtor on a complaint that failed to specify any amount of damages. The award was in derivation of California state law that prohibits a Court from awarding default judgement in an amount greater than that requested in the complaint. Creditor requested that the 9th Circuit apply the Rooker-Feldman doctrine which would prevent the federal court from reviewing a state court judgement. The 9th Circuit declined the invitation for the reasons set forth in the opinion.

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