From the Editor – Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the state court’s judgment prevented the bankruptcy court’s exercise of subject matter jurisdiction. In re Jacobson, _________B.R._________, 2020 WL 1237930 (Bankr. E.D. Wisc. Mar. 13, 2020).

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