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Second, the federal plaintiff must complain of injuries caused by a state court
judgment.
Third, the plaintiff must invite district court review and rejection of that
judgment.
Fourth, the state court judgement must have been rendered before the district
court proceedings commented.
McKitchen v. Brown, 481 F3d 89, 97 (2d Cir. 2007) (quoting Hoblock v. Albany County Board of
Elections, 422 F.3d 77, 85 (2d Cir. 2005)); see also Buckskin Realty Inc. v. Windmont Homeowners
Assoc., Inc. (In re Buckskin Realty Inc.), Case No. 1-13-40053-nhl, Adv. Pro. No.: 15-01004, 2016
WL 5360750, *4 (Bankr. E.D.N.Y. Sept. 23, 2016). All four elements are present here. First, the
Debtor “lost” in state court when the Virginia Circuit Court entered the Order Approving Sale
thereby approving of the sale of the Property and setting forth the Virginia Circuit Court’s findings
as to the sufficiency of the marketing of the Property and the purchase price, among other things.
The Debtor’s bankruptcy petition and objective, as stated by Mr. Goldwasser, clearly is an attempt
to correct and/or revisit the perceived injuries caused by the Order Approving Sale (described now,
but not articulated at any time in the Receivership Proceeding. See, e.g., Buckskin Realty, 2016
WL 5360750, at *4 (“The key requirement in determining whether Rooker-Feldman applies is
whether the federal court plaintiff complains of an injury caused by a state court judgment.”). The
Debtor’s bankruptcy petition and Goldwasser Declaration also clearly seek this Court’s
intervention to reject the effect of the Order Approving Sale. It does so by now challenging the
marketing efforts of the Receiver, which efforts were expressly acknowledged and approved by
the Virginia Circuit Court. Finally, it is undisputed that the Order Approving Sale was entered on
Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Memorandum of Law Page 9 of 20
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