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In Re Peter Iannochino: Iannochino v. Rodolakis

Bankruptcy fee award to debtor's attorney barred, under claim preclusion principles, later suit filed by debtor alleging professional malpractice arising from bankruptcy representation.

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The full case caption appears at the end of this opinion.

LIPEZ, Circuit Judge. We decide here whether an award of fees in bankruptcy to a debtor’s attorney will act as a bar under claim preclusion principles to a later suit filed by the debtor alleging professional malpractice arising from the bankruptcy representation. Peter and Paula Iannochino, the debtors in this action, filed a malpractice suit in the Massachusetts courts two years after their former attorneys, defendants Carl Aframe and Stephen Rodolakis, had received a fee award from the bankruptcy court. After their complaint was removed to the bankruptcy court, the court granted the defendants’ motions for summary judgment, reasoning that under the circumstances present here, the malpractice claims were barred by the principles of res judicata. The Iannochinos appealed to the district court, which affirmed. They continue their appeal here, arguing that res judicata is inapplicable because none of the requirements of that doctrine are present. After having carefully considered their contentions, we affirm.

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