I want to know more

A case out of the Western District of Kentucky raises as many questions as it answers.  The Plaintiff in the Federal Court case entered into an agreed judgment (AJ) in a state court action.   Once the debtor broke the payment agreement in the AJ, they then tried to set aside the state court judgment under CR 60.  They lost.  They then brought an FDCPA action in Federal Court against the Plaintiff in the state court action.  The Plaintiff in the state court action moved for summary judgment (SJ) based on the Rooker-Feldman doctrine.  The Federal District judge ruled for the Plaintiff and denied the SJ.  I believe the court’s analysis is correct as far as it goes.  However, the Plaintiff in the Federal Court action also asked for declaratory relief.  That is never addressed in the opinion.  Depending on what that relief is, it may well be barred by Rooker-Feldman.

Advertisements

About dknights

Attorney, Kentucky
This entry was posted in Kentucky, Legal and tagged , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s