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IN RE BROWN

No. 91-5292.

951 F.2d 564 (1991)

In re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 16, 1991.

Attorney(s) appearing for the Case

Helen D. Chaitman (argued), Timothy S. Flaherty, Ross & Hardies, Somerset, N.J., for appellant Rosemary Brown.

Peter R. Sarasohn (argued), Bernard Schenkler, Bruce Buechler, Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, N.J., for appellee First Jersey Nat. Bank.

Before SLOVITER, Chief Judge, COWEN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we decide that a bankruptcy judge was required to give preclusive effect to a state court summary judgment on liability in a mortgage foreclosure proceeding. Furthermore, because the amount due is yet to be determined, the bankruptcy judge should permit the state court proceedings to continue. Because it appears that the bankruptcy judge's denial of the mortgagee...

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