Young v. John Doe & HSBC (In re Young)(Case No. 16-60353; A.P. No. 16-06006) 1/25/17
The plaintiff alleged in his amended complaint that certain actions related to foreclosure proceedings in Tennessee state court between 2012 and 2014 constituted a violation of the automatic stay. At oral argument, the Plaintiff asserted a claim that due to a jurisdictional defect in Tennessee state court, the judgment and writs of possession in favor of the defendant were unlawful. The Court granted Defendant HSBC's motion to dismiss the amended complaint on two grounds. First, the Court did not have subject matter jurisdiction under the Rooker-Feldman doctrine to engage in appellate review of the state court judgment. Second, the amended complaint failed to state a claim upon which relief could be granted for a violation of the automatic stay as the Plaintiff was not in bankruptcy at the time the defendant's conduct took place. Further, the Court sua sponte dismissed the amended complaint against the John Doe defendant for the same reasons.