Faith Temple v. DiPietro

In 2012, Plaintiff, a church located in Portland, filed a complaint seeking a state court judgment based on a bankruptcy court judgment that it obtained in 1985, under a former name, against Defendant. During the pendency of the state court action, Plaintiff also moved for a writ of execution on the original bankruptcy judgment. Defendant counterclaimed against Plaintiff and its pastor. The district court issued an order directing the issuance of a writ and then granted judgment on the pleadings in favor of Plaintiff on both its complaint and Defendant’s counterclaim. The Supreme Judicial Court vacated the execution order and the judgment, holding (1) the district court correctly denied Defendant’s motion to dismiss Plaintiff’s complaint seeking a judgment on the bankruptcy court judgment; but (2) the district court erred by ordering that an execution issue, granting judgment on the pleadings, and dismissing Defendant’s claims against Plaintiff’s pastor. View "Faith Temple v. DiPietro" on Justia Law