Allen Group Partners v. Golden (In re Eisen)

MEMORANDUM ***

In this consolidated appeal, we review the district court’s order affirming the bankruptcy court’s order of sale, and the district court’s order denying reconsideration. Our jurisdiction is governed by 28 U.S.C. § 158 (d). We affirm the district court. We lack jurisdiction over the appeal of the interim fee orders of the bankruptcy court and accordingly dismiss that portion of the appeal.

I. The Sale and Reconsideration Orders

Principles of res judicata and collateral estoppel preclude relitigation of the Allen Group’s alleged equitable lien on the debt- or’s residence. In a prior adversary proceeding, the bankruptcy court granted summary judgment for the trustee, holding that the trustee was the sole owner of the residence in fee simple and that the Allen Group “has no right, title, estate, or interest therein adverse to, superior to, or otherwise as to [the trustee].” In the instant appeal from the underlying bankruptcy case, the Allen Group seeks to establish an equitable lien on the property.

A judgment entered in an adversary proceeding in a bankruptcy case is a valid final judgment for the purposes of claim and issue preclusion. See In re Schimmels, 127…