At page 624 Applying res judicata to bankruptcy claims127 citing casesexplaining that “[r]es judicata ‘is a 3 rule of fundamental repose important for both the litigants and for society’
- Charles C. Williams v. City of Hartford, ET AL., No. 3:24-cv-01336 (D. Conn. Feb. 5, 2026).Sys., Inc. v. U.S., 480 F.3d 621, 624 (2d Cir. 2007) (internal quotation marks, citations, and brackets omitted).
- Myer's Lawn Care Servs., Inc. v. Pryor, No. 24-2345 (2d Cir. Oct. 8, 2025).unpublishedIt claims that the relevant standard is instead laid out in EDP Medical Computer Systems, Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Myer's Lawn Care Servs., Inc. v. Pryor, No. 24-2345 (2d Cir. Oct. 7, 2025).unpublishedIt claims that the relevant standard is instead laid out in EDP Medical Computer Systems, Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- iOptimize Realty Inc. v. Cox Enter., Inc., No. 2:21-cv-04179 (E.D.N.Y Sept. 22, 2025).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).5 The 5 Because the Court must consider the preclusive effect of a final judgment in a New York state court, the Court applies New York’s law of res judicata.
- Thermal Surgical, LLC v. Brown, 150 F.4th 115 (2d Cir. 2025).publishedEDP Medical Computer Systems, Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Wright v. Harding Mazzotti, LLP, No. 1:24-cv-00275 (N.D.N.Y. May 7, 2025).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- Clinton Grp., Inc. v. De Quillacq, No. 1:24-cv-05195 (S.D.N.Y. Mar. 21, 2025).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (internal quotation and alteration omitted).
- In Re: Alexander H. Hyatt, No. 22-1844 (2d Cir. Jan. 15, 2025).unpublished(explaining that “[r]es judicata ‘is a 3 rule of fundamental repose important for both the litigants and for society’)
- In re: Clark, No. 3:24-cv-00055 (D. Conn. Dec. 20, 2024).Sys. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (quoting St.
- Phillips v. The Long Island R.R. Co., No. 2:21-cv-05679 (E.D.N.Y Sept. 30, 2024).Sys. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
Show 113 more citing cases
- Go New York Tours Inc. v. Gray Line New York Tours, Inc., No. 1:23-cv-04256 (S.D.N.Y. Aug. 27, 2024).To prove that res judicata bars a subsequent action, a party must show that the earlier decision was “(1) a final judgment on the merits, (2) by a court of competent jurisdiction, (3) in a case involving the same parties or their privies,…
- Amarte USA Holdings, Inc. v. Bergdorf Goodman LLC, No. 1:24-cv-00883 (S.D.N.Y. Aug. 20, 2024).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- Trivedi v. Gen. Elec. Co., No. 23-254 (2d Cir. July 3, 2024).unpublishedSys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007); see also Rollock v. LaBarbera, 383 F. App’x 29, 30 (2d Cir. 2010) (summary order) (affirming sua sponte 3 dismissal of pro se complaint on res judicata grounds).
- Celsius Network LLC, No. 22-10964 (Bankr. S.D.N.Y. May 8, 2024).publishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- Universitas Educ., LLC v. Benistar, No. 23-1207 (2d Cir. Apr. 25, 2024).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (quotation marks omitted).
- Rice v. Comm'r of Soc. Sec., No. 1:21-cv-00591 (S.D.N.Y. Apr. 1, 2024).Computer Sys. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Renois v. WVMF Funding, LLC, No. 1:20-cv-09281, 2024 WL 1313492 (S.D.N.Y. Mar. 27, 2024).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (citation, internal quotation marks, and alteration omitted).
- Powell v. N.Y. State Unified Court Sys., No. 2:22-cv-07458 (E.D.N.Y Mar. 26, 2024).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Mar. 26, 2024).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Stevenson v. Thornburgh, No. 1:23-cv-04458, 2024 WL 645187 (S.D.N.Y. Feb. 14, 2024).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir.2007) (quoting St, Pierre v. Dyer, 208 F.3d 394, 399 (2d Cir, 2000)) (other citations and quotations omitted).
- Lawtone-Bowles v. Thornburgh, No. 1:23-cv-04813 (S.D.N.Y. Feb. 14, 2024).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir.2007) (quoting St, Pierre v. Dyer, 208 F.3d 394, 399 (2d Cir, 2000)) (other citations and quotations omitted).
- Singh v. Meadow Hill Mobile Inc., No. 7:23-cv-05379 (S.D.N.Y. Nov. 9, 2023).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (emphasis added; internal quotations omitted).
- Isaly v. Bos. Globe Media Partners, LLC, No. 23-67 (2d Cir. Oct. 3, 2023).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Cordaro v. Dep't of Def., No. 6:22-cv-06027 (W.D.N.Y. Sept. 26, 2023).(noting that res judicata “bars ‘later litigation if [an] earlier decision was (1) a final judgment on the merits, (2) by a court of competent jurisdiction, (3) in a case involving the same parties or their privies, and…)
- Preble-Rish Haiti, S.A. v. Repub. of Haiti, No. 1:21-cv-06704 (S.D.N.Y. June 29, 2023). Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Wansdown Props. Corp. N.V. - Adversary Proceeding, No. 20-01056 (Bankr. S.D.N.Y. Mar. 31, 2023).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- 29 Beekman Corp. v. Blank Rome, No. 22-01075 (Bankr. S.D.N.Y. Mar. 31, 2023).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- Weaver v. New York State Unified Court Sys., No. 1:22-cv-00559 (N.D.N.Y. Mar. 14, 2023).Computer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)).
- Kalra v. Adler Pollock & Sheehan P.C., No. 3:18-cv-00260 (D. Conn. Jan. 23, 2023).Res judicata does not speak to direct attacks in the same case, but rather has application in subsequent actions.”); In re HS 45 John LLC, 585 B.R. 64 , 77–78 (S.D.N.Y. 2018) (“Under federal law, res judicata ‘bars later litigation if [an]…
- Callahan v. Human Resources, No. 3:20-cv-01881 (D. Conn. Nov. 8, 2022).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Caccavo v. Reliance Stand. Life Ins. Co., No. 1:19-cv-06025-KMW-KNF (S.D.N.Y. Nov. 2, 2022). Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (internal quotations and citations omitted).
- Pereira v. Brown, No. 20-01058 (Bankr. S.D.N.Y. Sept. 22, 2022).unpublishedSys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007)); see Hecht v. United Collection Bureau, Inc., 691 F.3d 218, 221-22 (2d Cir. 2012).
- Davis v. Metro North Commuter R.R., No. 1:21-cv-00387, 2022 WL 2223018 (S.D.N.Y. June 21, 2022).Sys. v. United States, 480 F.3d 621, 624 (2d Cir. 2007) (citation omitted).
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. May 28, 2022).unpublishedComputer Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir.2007) (quoting In re Teltronics Servs., Inc., 762 F.2d 185 , 190 (2d Cir.1985)). “[E]ven claims based upon different legal theories are barred provided they arise from the sam…
- Preble-Rish Haiti, S.A. v. Repub. of Haiti, No. 1:21-cv-06704 (S.D.N.Y. Jan. 26, 2022).Sys., Inc. v. United States, 480 F.3d 621, 624 (2d Cir. 2007).
- Esquire Trade & Fin., Inc. v. CBQ, INC., 562 F.3d 516 (2d Cir. 2009).published
- Krepps v. Reiner, 377 F. App'x 65 (2d Cir. 2010).unpublished
- Rollock v. LaBarbera, 383 F. App'x 29 (2d Cir. 2010).unpublished
- Adelphia Recovery Trust v. HSBC Bank USA, Nat'l Ass'n, 634 F.3d 678 (2d Cir. 2011).published
- In re: Adelphia Recovery Trust, No. 09-0799 (2d Cir. Feb. 9, 2011).published
- Diaz v. Judge Advocate Gen. of the Navy, 413 F. App'x 342 (2d Cir. 2011).unpublished
- NML Capital, Ltd. v. Banco Cent. De La República Argentina, 652 F.3d 172 (2d Cir. 2011).published
- Overview Books, LLC v. United States, 438 F. App'x 31 (2d Cir. 2011).unpublished
- Faccio v. U.S. Dep't of Hous. & Urban Dev., 442 F. App'x 599 (2d Cir. 2011).unpublished
- Kiryas Joel All. v. Vill. of Kiryas Joel, 495 F. App'x 183 (2d Cir. 2012).unpublished
- Gabriele v. Am. Home Mortg. Servicing, Inc., 503 F. App'x 89 (2d Cir. 2012).unpublished
- O'CONNOR v. Pierson, 568 F.3d 64 (2d Cir. 2009).published
- Maersk, Inc. v. Neewra, Inc., 554 F. Supp. 2d 424 (S.D.N.Y. 2008).published
- Jeter v. New York City Dep't of Educ., 549 F. Supp. 2d 295 (E.D.N.Y 2008).published
- Rdm Holdings, Ltd v. Cont'l Plastics Co, 762 N.W.2d 529 (Mich. Ct. App. 2008).published
- In Re Marsh & McLennan Companies, Sec. Litig., 536 F. Supp. 2d 313 (S.D.N.Y. 2007).published
- Ins. of State of Pennsylvania v. HSBC Bank USA, 882 N.E.2d 381 (N.Y. 2008).published
- Veal v. Am. Home Mortg. Servicing, Inc. (In Re Veal), 450 B.R. 897 (9th Cir. BAP 2011).published
- In Re Veal, 449 B.R. 542 (9th Cir. BAP 2011).published
- Nicholas v. Oren (In Re Nicholas), 457 B.R. 202 (Bankr. E.D.N.Y. 2011).published
- Sumpter v. DPH Holdings Corp., 468 B.R. 603 (S.D.N.Y. 2012).published
- Fowlkes v. Rodriguez, 584 F. Supp. 2d 561 (E.D.N.Y 2008).published
- Sullivan v. Hyland, 647 F. Supp. 2d 143 (D. Conn. 2009).published
- Wilburn v. Eastman Kodak Corp., 670 F. Supp. 2d 192 (W.D.N.Y. 2009).published
- Rafter v. Liddle, 704 F. Supp. 2d 370 (S.D.N.Y. 2010).published
- Yan Won Liao v. Holder, 691 F. Supp. 2d 344 (E.D.N.Y 2010).published
- Mosdos Chofetz Chaim, Inc. v. Vill. of Wesley Hills, 701 F. Supp. 2d 568 (S.D.N.Y. 2010).published
- Robinson v. Allstate, 706 F. Supp. 2d 320 (W.D.N.Y. 2010).published
- Sullivan v. Chappius, 711 F. Supp. 2d 279 (W.D.N.Y. 2010).published
- Jones v. City of New York Agencies, 550 F. App'x 67 (2d Cir. 2014).unpublished
- Vargas v. Capital One Fin. Advisors, 559 F. App'x 22 (2d Cir. 2014).unpublished
- Houdet v. Brewer, 627 F. App'x 37 (2d Cir. 2016).unpublished
- Simpson v. Oakes, 640 F. App'x 86 (2d Cir. 2016).unpublished
- Robinson v. Purcell Constr. Corp., 647 F. App'x 29 (2d Cir. 2016).unpublished
- Gropper v. 200 Fifth Owner LLC, 151 A.D.3d 635 (N.Y. App. Div. 1st Dep't 2017).published
- Russo v. City of New York, 705 F. App'x 38 (2d Cir. 2017).unpublished
- KIPP v. United Fed'n of Teachers, No. 17-1905-cv (2d Cir. Jan. 30, 2018).unpublished
- Soules v. Connecticut, No. 17-52-cv (2d Cir. Feb. 8, 2018).published
- M.F.W. v. Plausteiner, No. 17-2083-cv (2d Cir. Apr. 5, 2018).unpublished
- Whelehan v. Bank of Am. Benefit Appeals Comm., No. 18-2668-cv (2d Cir. May 8, 2019).unpublished
- In re: Speer, No. 17-1323-bk (2d Cir. May 8, 2019).unpublished
- Ninety-Five Madison Co., L.P. v. Vitra Int'l AG, 837 F. App'x 823 (2d Cir. 2020).unpublished
- Howard Carr Companies, Inc. v. Cumberland Farms, Inc., 833 F. App'x 922 (2d Cir. 2021).unpublished
- Cho v. BlackBerry Ltd., 991 F.3d 155 (2d Cir. 2021).published
- Cayuga Nation v. Howard Tanner, 6 F.4th 361 (2d Cir. 2021).published
- Leahy v. Cnty. Wide Home Loans, Inc., 51 A.D.3d 876 (N.Y. App. Div. 2d Dep't 2008).published
- Uzamere v. Uzamere, 89 A.D.3d 1013 (N.Y. App. Div. 2d Dep't 2011).published
- RM 18 Corp. v. Bank of New York Mellon Trust Co., N.A., 104 A.D.3d 752 (N.Y. App. Div. 2d Dep't 2013).published
- Magi XXI, Inc. v. Stato Della Cità Del Vaticano, 22 F. Supp. 3d 195 (E.D.N.Y 2014).published
- Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int'l B.V., 41 F. Supp. 3d 395 (S.D.N.Y. 2014).published
- Caldwell v. Pesce, 83 F. Supp. 3d 472 (E.D.N.Y 2015).published
- d'Amico Dry Ltd. v. Primera Mar. (Hellas) Ltd., 116 F. Supp. 3d 349 (S.D.N.Y. 2015).published
- Demopoulos v. Anchor Tank Lines, LLC, 117 F. Supp. 3d 499 (S.D.N.Y. 2015).published
- Navin v. Wells Fargo Bank, N.A., 199 F. Supp. 3d 646 (D. Conn. 2016).published
- Wai Hoe Liew v. Cohen & Slamowitz, LLP, 265 F. Supp. 3d 260 (E.D.N.Y 2017).published
- Wiesner v. Nardelli, 307 F. App'x 484 (2d Cir. 2008).unpublished
- Aiolova v. Tese-Milner (In re Aiolova), 496 B.R. 123 (Bankr. S.D.N.Y. 2013).published
- In re Residential Capital, LLC, 522 B.R. 458 (Bankr. S.D.N.Y. 2014).published
- In re Covelli, 550 B.R. 256 (Bankr. S.D.N.Y. 2016).published
- In re Motors Liquidation Co., 576 B.R. 313 (Bankr. S.D.N.Y. 2017).published
- Gaind v. Pierot, 282 F. App'x 946 (2d Cir. 2008).unpublished
- Hameed v. Aldana, 296 F. App'x 154 (2d Cir. 2008).unpublished
- Casciani v. Town of Webster, 815 F. Supp. 2d 616 (W.D.N.Y. 2011).published
- Jaeger v. Cellco P'ship, 936 F. Supp. 2d 87 (D. Conn. 2013).published
- Smith v. Manhattan Club Timeshare Ass'n, 944 F. Supp. 2d 244 (S.D.N.Y. 2013).published
- In re: Porzio, No. 3:19-cv-01994 (D. Conn. Sept. 18, 2020).
- Krajeski v. Bank of Am., N.A., No. 2:19-cv-01385 (E.D.N.Y Jan. 2, 2020).
- Cantore v. New York City Law Dep't, No. 1:19-cv-03879 (E.D.N.Y Sept. 28, 2020).
- 1414 Utica Avenue Lender LLC v. Empire State Certified Dev. Corp., No. 1:20-cv-03971 (E.D.N.Y Jan. 29, 2021).
- Eckert v. Suffolk Cnty. Sheriff, No. 2:21-cv-02650 (E.D.N.Y Jan. 6, 2022).
- Carroll v. U.S. Equities Corp., No. 1:18-cv-00667, 2019 WL 4643786 (N.D.N.Y. Sept. 24, 2019).
- Odom v. Syracuse City Sch. Dist., No. 5:19-cv-00835, 2020 WL 1689879 (N.D.N.Y. Apr. 7, 2020).
- Aghaeepour v. N. Leasing Sys., Inc., No. 7:14-cv-05449 (S.D.N.Y. May 8, 2019).
- Ninety-Five Madison Co., L.P. v. Vitra Int'l AG, No. 1:19-cv-01745 (S.D.N.Y. Mar. 30, 2020).
- United States v. 111 East 88th Partners, No. 1:16-cv-09446 (S.D.N.Y. Apr. 27, 2020).
- United States of Am. for the use & Benefit of Five Star Elec. Corp. v. Liberty Mut. Ins. Co., No. 1:15-cv-04961-LTS-JLC, 2020 WL 2530180 (S.D.N.Y. May 19, 2020).
- WiAV Solutions Inc. v. HTC Corp., No. 1:19-cv-04978 (S.D.N.Y. June 30, 2020).
- Casmento, Jr. v. Volmar Constr., Inc., No. 1:20-cv-00944 (S.D.N.Y. Mar. 19, 2021).
- Sierra v. City Of New York, No. 1:20-cv-06159 (S.D.N.Y. Sept. 28, 2021).
- Trask v. Town of Alma, No. 1:19-cv-01192, 2020 WL 6390091 (W.D.N.Y. Nov. 2, 2020).
- Fabor v. Niagara Frontier Transp. Auth., No. 1:19-cv-01573 (W.D.N.Y. Sept. 7, 2021).
- Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC. et a, No. 08-01789 (Bankr. S.D.N.Y. Sept. 11, 2019).
- Irving H. Picard, Tr. for the Liquidation of B v. Bam L.P., No. 10-04390 (Bankr. S.D.N.Y. Sept. 11, 2019).
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. May 21, 2021).unpublished
- Orly Genger, No. 19-13895 (Bankr. S.D.N.Y. June 15, 2021).unpublished
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. May 12, 2021).unpublished
- Seaman v. Nat'l Collegiate Student Loan Trust 2007-2, No. 1:18-cv-01781 (S.D.N.Y. Oct. 11, 2019).
- Thermal Surgical, LLC v. Brown, No. 2:15-cv-00220 (D. Vt. June 30, 2020).
At page 626 Determining finality of orders for res judicata purposes33 citing cases“res judicata does not require the precluded claim to actually have been litigated; its concern, rather, is that the party against whom the doctrine is asserted had a full and fair opportunity to litigate the claim.”
- E. Fork Funding LLC v. U.S. Bank, Nat'l Ass'n, 118 F.4th 488 (2d Cir. 2024).published(Res judicata does not require the precluded claim to actually have been litigated; its concern, rather, is that the party against whom the doctrine is asserted had a full and fair opportunity to litigate the claim. Tha…)
- Sage v. HSBC Bank USA Nat'l Ass'n, No. 1:18-cv-01494 (N.D.N.Y. Mar. 19, 2021).(Res judicata does not require the precluded claim to actually have been litigated . . . . That is why it has long been the law that default judgments can support res judicata as surely as judgments on the merits.)
- Dekom v. Fannie Mae, 846 F. App'x 14 (2d Cir. 2021).unpublished(Res judicata does not require the precluded claim to actually have been litigated . . . . That is why . . . default judgments can support res judicata as surely as judgments on the merits.)
- Harris v. BNC Mortg., Inc., No. 17-1280-cv (2d Cir. June 12, 2018).unpublished(Res judicata does not require the 25 precluded claim to actually have been litigated . . . . That is why it has long been the law 26 that default judgments can support res judicata as surely as judgments on the merits.)
- Trireme Energy Dev. v. RWE Renewables, No. 24-3190 (2d Cir. Sept. 1, 2026).publishedSys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007) (citing Federated Dep't Stores, 452 U.S. at 398 ).
- Schenfield, No. 1:24-cv-00471 (W.D.N.Y. May 28, 2026).Sys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007)).
- Davis v. Flo-Ride Auto, LLC, No. 5:23-cv-01586 (N.D.N.Y. July 24, 2025).Sys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007)).
- Utica Nat'l Assurance Co. v. Amazon.com Servs., Inc., No. 1:23-cv-11267 (S.D.N.Y. Mar. 10, 2025).(holding that a judgment should be given collateral estoppel effect when it is a “firm and stable one, the ‘last word’ of the rendering court)
- Christen v. U.S. Bank Trust Nat'l Ass'n, No. 2:23-cv-02122 (E.D.N.Y July 17, 2024).Computer Sys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007)).
- Landau v. 720 Livonia Operations LLC, No. 1:23-cv-06752 (E.D.N.Y Apr. 23, 2024).(explaining that “[r]es judicata does not require the precluded claim to actually have been litigated; its concern, rather, is that the party against whom the doctrine is asserted had a full and fair opportunity to litig…)
Show 23 more citing cases
- Tasaka v. Bayview Loan Servicing, LLC, No. 1:17-cv-07235 (E.D.N.Y Mar. 31, 2022).Computer Sys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007).
- Mondelus v. August West Developement, LLC, No. 1:19-cv-04832 (E.D.N.Y Jan. 20, 2022).Computer Sys., Inc. v. United States, 480 F.3d 621, 626 (2d Cir. 2007) (citation omitted).
- Nicholas v. Oren (In Re Nicholas), 457 B.R. 202 (Bankr. E.D.N.Y. 2011).published
- Sullivan v. Hyland, 647 F. Supp. 2d 143 (D. Conn. 2009).published
- Gropper v. 200 Fifth Owner LLC, 151 A.D.3d 635 (N.Y. App. Div. 1st Dep't 2017).published
- In re: Porzio, No. 3:19-cv-01994 (D. Conn. Sept. 18, 2020).
- In Re Ernst, 382 B.R. 194 (S.D.N.Y. 2008).published
- Lone Star Air Partners, LLC v. Delta Air Lines, Inc., 387 B.R. 426 (S.D.N.Y. 2008).published
- Forjone v. Federated Fin. Corp. of Am., 816 F. Supp. 2d 142 (N.D.N.Y. 2011).published
- In Re Tyson, 433 B.R. 68 (S.D.N.Y. 2010).published
- In Re 114 Tenth Avenue Assoc., Inc., 441 B.R. 416 (S.D.N.Y. 2010).published
- Amid v. Chase, 720 F. App'x 6 (2d Cir. 2017).unpublished
- Kamdem-Ouaffo v. PepsiCo, Inc., 160 F. Supp. 3d 553 (S.D.N.Y. 2016).published
- U.S. Bank Nat'l Ass'n v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.), 566 B.R. 353 (S.D.N.Y. 2017).published
- Kimber v. GMAC Mortg., LLC (In re Residential Capital, LLC), 489 B.R. 489 (Bankr. S.D.N.Y. 2013).published
- Mudholkar v. Univ. of Rochester, 261 F. App'x 320 (2d Cir. 2008).unpublished
- Barrington v. New York, 806 F. Supp. 2d 730 (S.D.N.Y. 2011).published
- Gianatasio v. D'Agostino, 862 F. Supp. 2d 343 (S.D.N.Y. 2012).published
- McCluskey v. Roberts, No. 2:19-cv-02386 (E.D.N.Y May 18, 2020).
- Galanova v. Portnoy, 432 F. Supp. 3d 433 (S.D.N.Y. 2020).published
- Murray v. Cuomo, 460 F. Supp. 3d 430 (S.D.N.Y. 2020).published
- Heather Jeanne Lindsay, No. 20-10339, 2021 WL 278317 (Bankr. S.D.N.Y. Jan. 27, 2021).
- Nat'l Air Cargo Grp., Inc. v. Maersk Line, Ltd., No. 1:17-cv-08659 (S.D.N.Y. Sept. 27, 2019).
At page 625 Finality of uncontested bankruptcy proof of claim for res judicata15 citing casesholding “that a bankruptcy court order allowing an uncontested proof of claim constitutes a ‘final judgment’ and is thus a predicate for res judicata
- Diamonte v. Henderson, No. 2:23-cv-03596 (D.N.J. Apr. 3, 2025).([W]hether an order is final for appellate review purposes is not dispositive of its finality for res judicata purposes.)
- Handl N.Y. LLC v. Identity Grp. LLC, 2025 NY Slip Op 30169(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished(holding “that a bankruptcy court order allowing an uncontested proof of claim constitutes a ‘final judgment’ and is thus a predicate for res judicata)
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Nov. 15, 2022).unpublished(holding that “a bankruptcy court order allowing an uncontested proof of claim constitutes a ‘final judgment’ and is thus a predicate for res judicata.)
- In re Covelli, 550 B.R. 256 (Bankr. S.D.N.Y. 2016).published
- Ziino v. Baker Ex Rel. Est. of Wellman, 613 F.3d 1326 (11th Cir. 2010).published
- Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola Co., 650 F. Supp. 2d 314 (S.D.N.Y. 2009).published
- Sampson v. Chase Home Fin., 667 F. Supp. 2d 692 (S.D.W. Va 2009).published
- Hicks v. United States, 89 Fed. Cl. 243 (Fed. Cl. 2009).published
- Cost v. Super Media, 482 B.R. 857 (S.D.N.Y. 2012).published
- Allen-Morris v. Nicholas Fin., Inc. (In re Allen-Morris), 523 B.R. 532 (E.D. Mich. 2014).published
Show 5 more citing cases
- In re Gonzalez, 372 B.R. 837 (Bankr. W.D. Tex. 2007).published
- Rosetta Stone Commc'ns, LLC v. Gordon (In re Chambers), 500 B.R. 221 (Bankr. N.D. Ga. 2013).published
- Kerr v. Am. Alt. Ins. Corp. (In re One World Adoption Servs., Inc.), 571 B.R. 474 (Bankr. N.D. Ga. 2017).published
- In re Kyeung Guk Min, 572 B.R. 802 (Bankr. E.D. Va. 2017).published
- Pickett v. G.M., No. 1:20-cv-00075 (S.D.N.Y. Mar. 4, 2020).
At page 627 Applying res judicata to bankruptcy court orders3 citing cases“although edp did belatedly contend in its reply brief that the district court erred in its finding on these elements, its failure to press those arguments in its opening brief waives them.”
- In Re Reynolds, 470 B.R. 138 (Bankr.D. Colo. 2012).published
- Brown Media Corp. v. K & L Gates, LLP, 551 B.R. 708 (E.D.N.Y 2015).published
- Roman Catholic Church of the Archdiocese of Santa & Associated Case in US Dist. Court, No. 18-13027 (Bankr. D.N.M. Oct. 22, 2021).
v.
UNITED STATES of America, Defendant-Appellee
Plaintiff-appellant EDP Medical Computer Systems, Inc. (“EDP”), brought this lawsuit seeking refund of a tax liability paid by the bankruptcy trustee after EDP had filed for bankruptcy protection. The United States District Court for the Eastern District of New York (Frederic Block, Judge) granted defendant-appellee United States’ motion for summary judgment because, inter alia, EDP’s claim was barred by res judicata. The question this case presents is whether a bankruptcy court order allowing an uncontested proof of claim constitutes a final judgment on the merits that can be a predicate for res judicata. We hold that it does and affirm.
BACKGROUND
The material facts are not in dispute. During the fourth quarter of 1984, EDP employed a number of wage-earners and consequently was required to file with the Internal Revenue Service (“IRS”) a quarterly Employer’s Federal Tax Return (“Form 941”). Upon EDP’s failure to file a Form 941 for that quarter, the IRS, pursuant to 26 U.S.C. § 6020(b), prepared and filed one on EDP’s behalf, reflecting an estimated employment tax liability of $11,744.28. EDP paid that assessment and an additional $4,196.23 in interest and penalties. Thereafter, the IRS received an unsigned but completed tax return that showed a $62,760.40 tax liability for EDP’s 1984 fourth quarter. As a result, on May 12, 1986, the IRS imposed an additional tax assessment of $51,016.12, which EDP refused to pay.
On December 1, 1992, EDP filed a Chapter 11 reorganization petition in the Bankruptcy Court for the Middle District of Pennsylvania that was transferred to the Eastern District of New York. It was later converted to a Chapter 7 liquidation.
On November 30, 1995, the IRS filed a proof of claim with the bankruptcy court pursuant to 11 U.S.C. § 501 that reflected EDP’s pre-petition tax liability of $147,271.44, consisting of the $51,016.12 assessment and approximately ten years of interest and penalties. The bankruptcy trustee filed a motion objecting to the IRS’ proof of claim in 1999, and the bankruptcy court scheduled a hearing for January 11, 2000.
Shortly before the hearing, the IRS amended its claim (the “amended proof of claim”) to add an assessment for certain 1985 unemployment taxes plus interest and penalties, reflecting a new total tax liability of $166,181.47. Neither the trustee nor EDP objected to the amended proof of claim. The trustee acceded to the amended proof of claim, and the bankruptcy court issued an order allowing it on January 26, 2000. It remained unpaid for approximately nine months.
On March 15, 2000, Bernard Gelb, the president of EDP, Judith Gelb, his wife and the majority shareholder of EDP, and 143-11 Realty Corp., a corporation solely owned by Judith Gelb (collectively, “the Gelbs”), resolved by stipulation a habeas corpus petition filed by Bernard Gelb concerning the restitution and fine imposed on him in a 1989 criminal proceeding. In the stipulation, the Gelbs agreed to make payments toward the restitution and fine, and in return the United Stated agreed that:
[*624] All other claims by the [United States] against ... EDP, whether made or not, whether accrued or not, are ... waived and the [United States] generally releases ... EDP from all claims which it may have except as set forth in th[e] Stipulation.
The stipulation did not mention the proofs of claim by the IRS.
On June 1, 2000, Judith Gelb moved to intervene in the EDP bankruptcy proceeding to object to the amended proof of claim, but later withdrew her motion. On November 7, 2000, the trustee paid the U.S. Treasury the amount of $195,001.23, satisfying the entire tax claim plus post-petition interest.
On June 1, 2001, the trustee closed the bankruptcy case. At that time, all claims except some . post-petition interest had been paid in full and the estate had a zero net worth. If the amended proof of claim had been disallowed and not paid, the estate would have had a surplus of $195,001.23. While a non-trivial amount of that surplus would have been applied to post-petition interest accruing on other creditors’ claims, most of it would have gone to EDP.
A year later, EDP filed for a refund of the $195,001.23 from the IRS and followed up by bringing this action. In its complaint, EDP alleged that the underlying tax assessment was incorrect or, alternatively, that the IRS’ claim based thereon was barred by the March 15, 2000 stipulation.
The United States successfully moved for summary judgment. The district court found that EDP lacked standing to pursue the tax refund claim because it remained property of the bankruptcy estate and that, even if EDP had standing, the claim was barred by res judicata based on the bankruptcy court’s order allowing the amended proof of claim. This appeal followed.
DISCUSSION
On appeal, EDP challenges both bases for the district court’s grant of summary judgment. Because we agree with the district court’s res judicata determination, there is no need for us to resolve the standing issue.
“We review de novo the district court’s application of the principles of res judicata.” Legnani v. Alitalia Linee Aeree Italiane, S.p.A., 400 F.3d 139, 141 (2d Cir.2005) (per curiam). “Under the doctrine of res judicata, or claim preclusion, ‘[a] final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.’ ” St. Pierre v. Dyer, 208 F.3d 394, 399 (2d Cir.2000) (quoting Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394, 398, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981)). Thus, the doctrine bars “later litigation if [an] earlier decision was (1) a final judgment on the merits, (2) by a court of competent jurisdiction, (3) in a case involving the same parties or their privies, and (4) involving the same cause of action.” In re Teltronics Servs., Inc., 762 F.2d 185, 190 (2d Cir.1985). This rule applies with full force to matters decided by the bankruptcy courts. See Katchen v. Landy, 382 U.S. 323, 334, 86 S.Ct. 467, 15 L.Ed.2d 391 (1966); In re Teltronics Servs., 762 F.2d at 190.
Res judicata “is a rule of fundamental repose important for both the litigants and for society.” In re Teltronics Servs., 762 F.2d at 190. It “relieve[s] parties of the cost and vexation of multiple lawsuits, conserved] judicial resources, and, by preventing inconsistent decisions, encourage[s] reliance on adjudication.”[*625] Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980). These virtues have no less value in the bankruptcy context; this is particularly true in a Chapter 7 liquidation where it is desirable that matters be resolved as expeditiously and economically as possible. See generally Bank of Lafayette v. Baudoin (In re Baudoin), 981 F.2d 736, 740 (5th Cir.1993) (observing that “it is more imperative than ever that the doctrine of res judicata be applied with unceasing vigilance” to Chapter 7 proceedings).
EDP argues in this case that the bankruptcy court’s order allowing the amended proof of claim cannot be a predicate for res judicata because it is not a final judgement on the merits. [1] In fact, EDP contends that the order was neither a “final judgement,” nor “on the merits,” because the amended proof of claim was uncontested rather than actually litigated.
Although we have not had occasion to decide whether a bankruptcy court order allowing an uncontested proof of claim is a “final judgment” for res judicata purposes, the Fifth Circuit has held that it is. See Baudoin, 981 F.2d at 742. Moreover, the Ninth Circuit has held that a bankruptcy court’s allowance of an uncontested proof of claim, even without a separate order, is a final judgment for res judicata purposes. See Siegel v. Fed. Home Loan Mortgage Corp., 143 F.3d 525, 528-31 (9th Cir.1998) (citing Baudoin with approval). We now join these two circuits in holding that a bankruptcy court order allowing an uncontested proof of claim constitutes a “final judgment” and is thus a predicate for res judicata.
We are aware, as was the Siegel court, that the Fourth Circuit has expressed the view that it is “doubtful that the ‘automatic allowance’ under 11 U.S.C. § 502(a) of a claim not objected to constitutes a ‘final judgment’ of the type that gives rise to ‘bar’ or ‘claim preclusion’ under strict res judicata principles.” County Fuel Co. v. Equitable Bank Corp., 832 F.2d 290, 292 (4th Cir.1987). The County Fuel court explained its doubts: [2]
Under relevant bankruptcy law, objections may be made and allowed after automatic allowance of a claim, see Advisory Committee Note to Bankruptcy Rule 3007, and indeed a claim allowed by order may be later disallowed upon reconsideration. 11 U.S.C. § 502(j).
Additionally, the “automatic allowance” provided by § 502(a) [is] not “final” for purposes of appellate review, another test, though not decisive, of its “finality” for res judicata purposes.
These concerns lose force here because, while the amended proof of claim was uncontested and thus permitted pursuant to the so-called “automatic allowance” mechanism provided in 11 U.S.C. § 502(a), it was approved by a court order. See Siegel, 143 F.3d at 530. But to the extent that the County Fuel court meant to extend its finality concerns to specific court orders[*626] because they may be subject to reconsideration pursuant to 11 U.S.C. § 502(j), we disagree that they lack finality. A party’s ability to seek relief from a district court order pursuant to Fed.R.Civ.P. 60(b) is in many ways the functional equivalent of a party’s rights under § 502(j). See 2 William L. Norton, Jr., Norton Bankruptcy Law & Practice 2d § 41:15 n.43 (2d ed.1997); 4 Collier on Bankruptcy ¶ 502.11[5][a] (15th ed.2006). Yet the availability of Rule 60(b) relief does not undermine the finality of such an order. See Williams v. Int’l Bhd. of Elec. Workers, Local 520 (In re Williams), 298 F.3d 458, 462 n. 3 (5th Cir.2002) (“The fact that a judgment may be subject to a motion for relief under [Rule] 60(b) does not affect the finality of the judgment.”); see also Restatement (Second) Judgments § 13, cmt. f (“A judgment otherwise final for purposes of the law of res judicata is not deprived of such finality by the fact that time still permits commencement of proceedings in the trial court to set aside the judgment and grant a new trial or the like .... ”). Moreover, doubts about an order’s finality are even less compelling where, as here, the debtor has received its discharge and the bankruptcy proceeding is closed. “By then any lingering doubts about finality would surely have been assuaged.” Siegel, 143 F.3d at 530; Restatement (Second) Judgments § 13, cmt. a (explaining that res judicata “effect should not be accorded a judgment which is considered merely tentative in the very action in which it was rendered. On the contrary, the judgment must ordinarily be a firm and stable one, the ‘last word’ of the rendering court.”).
A bankruptcy court order allowing a proof of claim, even one that is uncontested, is also probably final for appellate review purposes. See, e.g., Orsini Santos v. Mender, 349 B.R. 762, 768 (1st Cir. BAP2006) (“An order allowing or disallowing a claim is a final, appealable order.”)(citing In re Perry, 391 F.3d 282, 285 (1st Cir.2004)). But we can leave that issue alone because, as the County Fuel court notes, whether an order is final for appellate review purposes is not dispositive of its finality for res judicata purposes. 832 F.2d at 292.
As to EDP’s contention that res judicata is not available because the amended proof of claim was not litigated on the merits, we disagree. Res judicata does not require the precluded claim to actually have been litigated; its concern, rather, is that the party against whom the doctrine is asserted had a full and fair opportunity to litigate the claim. See Federated Dep’t Stores, 452 U.S. at 398, 101 S.Ct. 2424(fíes judicata extends to all claims that “were or could have been raised in that action.” (emphasis added)). That is why it has long been the law that default judgments can support res judica-ta as surely as judgments on the merits. See Morris v. Jones, 329 U.S. 545, 550-51, 67 S.Ct. 451, 91 L.Ed. 488 (1947) (“ ‘A judgment of a court having jurisdiction of the parties and of the subject matter operates as res judicata, in the absence of fraud or collusion, even if obtained upon a default.’ ”) (quoting Riehle v. Margolies, 279 U.S. 218, 225, 49 S.Ct. 310, 73 L.Ed. 669 (1929)).
Under 11 U.S.C. § 502(a), a “party in interest” may object to a proof of claim filed pursuant to § 501. [3] EDP qualified as a party in interest with respect to the amended proof of claim because its disal-lowance would have produced a surplus in the estate. See 4 Collier on Bankruptcy ¶ 502.02[2][c] (15th ed. 2006) (“The [Chapter 7] debtor ... has an interest if there is[*627] any chance that a disallowance will yield a solvent estate that would provide a return to the debtor.”). Thus, EDP had the opportunity to litigate the validity of the amended proof of claim. Faced with this apple, EDP kept its mouth closed;' it cannot now take a bite.
Finally, to the extent EDP claims that res judicata does not apply because the IRS fraudulently induced the trustee into allowing its amended proof of claim, we are unpersuaded. EDP’s allegations do not rise to the level of fraud. And to the extent they generally attack the validity of the government’s claim, EDP was possessed of sufficient facts to object during the bankruptcy proceeding but chose not to.
In sum, we hold that the bankruptcy court’s January 26, 2000 order was a final judgment on the merits and that the district court did not err in according it res judicata effect.
CONCLUSION
For the foregoing reasons, the judgment of the district court is AFFIRMED.
. EDP’s opening brief on appeal failed to question the remaining elements of the district court's res judicata analysis, specifically, whether the January 26, 2000 order was in a case involving the same parties or their privies and the same cause of action. Although EDP did belatedly contend in its reply brief that the district court erred in its finding on these elements, its failure to press those arguments in its opening brief waives them. Dixon v. Miller, 293 F.3d 74, 80 (2d Cir.2002); Nat'l Labor Relations Bd. v. Star Color Plate Serv., 843 F.2d 1507, 1510 n. 3 (2d Cir.1988).
. The observation that follows is dicta because the County Fuel court concluded that, on the facts before it, the doctrine of waiver precluded the debtor's subsequent state law action against the creditor. 832 F.2d at 292-94.
. Judith Gelb, in fact, filed an objection to the amended proof of claim only to withdraw it.