24bk03475, 25ap00398
On a motion to dismiss arguing the complaint brought by the debtor seeking, in part, to dispute the validity of a judgment of foreclosure order entered against him by the Circuit Court of Cook County and for other, related relief, cannot be heard by the bankruptcy court because the Rooker-Feldman doctrine bars jurisdiction and the claims are precluded under res judicata, held: The court does not have subject matter jurisdiction to hear the matters alleged in Counts II, III and IV of the Complaint because either or both of the Rooker-Feldman doctrine and/or res judicata applies to each count.  As to Count I, although the court can exercise jurisdiction and is not precluded from doing so, the relief sought by the Debtor is moot.  Similarly, Count V is not an independent cause of action and the remedy it seeks is premised on relief that cannot be granted, so it is also moot.  The court will therefore grant the motion to dismiss, as follows: Counts I and V will be dismissed without prejudice and Counts II, III and IV will be dismissed with prejudice.  This dismisses all counts of the Complaint and the adversary proceeding will be dismissed as a result.