Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn Paz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claim for attorney’s fees under deed of trust provision executed pre-petition was not pre-petition claim contingent on debt- or’s filing because it depended on debtor’s post-petition initiation of litigation
• holding that “a bankruptcy court’s allowance or disallowance of a claim is a final judgment” for purposes of res judicata
• holding that a discharge 11 in bankruptcy did not “extinguish the contractual attorney’s fee provision” in a deed of trust
• holding that a debtor's failure to object to a creditor's proof of claim barred debtor's subsequent state court action against creditor based on same nucleus of facts
• finding that the allowance of a claim without objection under § 502(a), even in the absence of a separate order, is a final judgment giving rise to res judicata
• holding once 24 “the validity of the claim has been determined on the merits, and attacks upon it that ‘could 25 have been asserted’ cannot be raised in later proceedings”

Source: CourtListener parenthetical corpus (CC0).