Daily Development for

Wednesday, June 2, 1999

By: Patrick A. Randolph, Jr.
Professor of Law
UMKC School of Law
Of Counsel: Blackwell Sanders Peper Martin
Kansas City, Missouri
prandolph@cctr.umkc.edu

This one is also from Jim Stillman

BANKRUPTCY; RELIEF FROM STAY; SCOPE OF ORDER; STATE COURT JURISDICTION: Where there is no specific limitation in the order granting a secured creditor relief from stay, the state court's ensuing foreclosure judgment bars any subsequent litigation in the bankruptcy case over the amount due the secured creditor, including interest.

Community Bank of Homestead v. Torcise, 162 F.3d 1084 (11th Cir. 1998).

The debtor was collaterally estopped from contesting the calculation of interest, where the state court had lawfully exercised jurisdiction over the issue. "A foreclosure action generally includes a determination of the amount of indebtedness," the Court of Appeals held. Even if the bankruptcy estate is a separate entity from the pre-petition "debtor" named in the state court foreclosure judgment, the one is a successor to the other and, thus, are in privity for purposes of being bound by the doctrine of collateral estoppel under Florida law.

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