Can the Rooker-Feldman Doctrine Bar Jurisdiction of Federal Claims?

Like any good and interesting legal question, the answer is: “it depends”. To begin, a brief description of the Rooker-Feldman Doctrine is in order.

The Rooker-Feldman Doctrine arose from two cases: Rooker v. Fidelity Trust Co., 263 U.S. 413 (1983) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983).  The original purpose of the doctrine was to protect against the federal courts becoming de facto appellate courts for state-court losers.  It was codified as 28 USCS § 1257.  However, the idea behind Rooker-Feldman began to preclude jurisdiction in a larger scope than intended, so in 2005, the …

Please be advised that all pleadings filed in the Eastern District of Missouri Bankruptcy Court must conform to Local Bankruptcy Rule 9004. This rule requires the assigned three digit judicial code be listed with the assigned bankruptcy case number. The current three digit numerical assignments are 399 (Judge Schermer) 659 (Judge Surratt-States) and 705 (Judge Rendlen). Any pleading filed without the judicial code listed will be rejected by the court. Any revision requesting the judicial code be removed will result in a delay in filing.

Questions, please email clientrelations@southlaw.com.

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SouthLaw, P.C., a law firm focusing on the protection of creditors’ rights in Missouri, Kansas, Nebraska and Iowa, has recently hired a new associate attorney.

Christopher Santora joined the Firm in July 2016 and is an Associate Attorney for the Litigation Department located in the Omaha, NE office. He obtained his B.S.B.A in Finance from Creighton University in 1984. He obtained his law degree from Seton Hall University School of Law in 1993 and is currently admitted to practice law in Nebraska. Christopher focuses his area of practice on representing financial institutions and creditors' rights litigation.  He has successfully litigated and negotiated a variety of matters including contested foreclosures and …

On April 18 & 19, 2016 more than a dozen USFN members, including Board President, Mike Zevitz, visited legislators in Washington, DC as a part of a joint Advocacy Day event that included members of ALFN and NARCA. The three groups discussed common concerns about FDCPA enforcement and CFPB overreach with their members of Congress, the Senate and in some cases the legislative experts from each of those offices. Even though they met with both Democrats and Republicans, each of the offices seemed to be interested and thoughtful about the concerns raised. Of course it is never certain what effect the visit may have but it was a great exercise …

SouthLaw, P.C. has recently hired four new associate attorneys.

Tyler Beckerle joined the Firm in October 2015 and is an Associate Attorney for the Eviction and Litigation Departments located in St. Louis, MO. He is currently admitted to practice law in Missouri. Tyler obtained his B.A. in Political Science from the University of Central Arkansas in 2010. He obtained his law degree from the University of Missouri in 2013.

Courtney George joined the firm in January 2016 and is an Associate Attorney for the Kansas Foreclosure Department located in the corporate office in Overland Park, Kansas. She is currently admitted to practice law in Kansas and Missouri. She obtained her …

PRESS RELEASE

From: SouthLaw, P.C.

Date:  January 21, 2016

Re: SouthLaw, P.C. is moving its Corporate Headquarters effective 2/1/16

SouthLaw, P.C., a law firm focusing on the protection of creditors’ rights in Missouri, Kansas, Nebraska and Iowa, will be moving its Corporate Headquarters effective Monday, February 1, 2016.  The new office address is 13160 Foster, Suite 100, Overland Park, KS  66213-2660. 

The firm will be operating with limited staff on Thursday, January 28, 2016 and the entire firm will be closed on Friday, January 29, 2016 with no access to phone or email, which will ensure a seamless transition.  The Firm will resume …

Are Foreclosure Law Firms "Debt Collectors" Under the Fair Debt Collection Practices Act?  The Answer May Lie in the Relief Requested.

One direct result of the foreclosure crisis was a deluge of litigation against law firms and trustees retained by mortgage servicers to proceed with foreclosure.  In recent years, consumers took particular interest in initiating lawsuits against these firms based upon alleged violations of the Fair Debt Collection Practices Action (FDCPA).  Consumers have argued that foreclosure law firms are "debt collectors" under the FDCPA, and that certain foreclosure related activities are subject to the provisions of the act.  The phrase "debt collector" is defined in § 803(6) [15 U.S.C. § …

Expediting Determination of Validity of Liens in Kansas

Kansas is gradually transitioning into a state where, sooner rather than later, everything will be filed or recorded electronically.  While these technological advancements make things easier and more convenient for most, it presents an increasing concern for creditors:  the easier it is to file and record a lien, the higher the propensity that the lien is fraudulent.

In combating the rise in fraudulent liens, it's useful to keep in mind that Kansas has provided a most efficient route to determine the validity of said lien under K.S.A. § 58-4301. This statute sets out the steps creditors need to be prepared to take …