Singleton v. Fifth Third Bank of Western Ohio (In Re Singleton)

How courts have described this case

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

• holding that state court had jurisdiction to determine whether automatic stay applied to foreclosure sale of debtor’s corporate property
• a bankruptcy court is without jurisdiction to adjudicate an issue only where a non-bankruptcy court has previously decided the matter
• the debtor confuses jurisdiction to grant relief from the stay under 11 U.S.C. § 362(d) with jurisdiction to determine whether the stay applies in the first instance
• cited approvingly for this proposition in Hamilton v. Herr (In re Hamilton), 540 F.3d 367, 375 (6th Cir. 2008)
• “If the state court did not have subject matter jurisdiction over the prior action, its orders would be void ab initio and subject to attack notwithstanding Rooker/Feldman.”
• “If the state court did not have subject matter jurisdiction over the prior action, its orders would be void ab initio and subject to attack notwithstanding Rooker/Feldman.”

Source: CourtListener parenthetical corpus (CC0).