Applying of the test implies that the new section legal accurately finished you to definitely Siegel’s states were barred from the res judicata. Freddie Mac submitted a few proofs away from claim (Windbell and Dalton Put) inside the Siegel’s bankruptcy. Zero objection was submitted towards the says in the bankruptcy proceeding action. step 3 Siegel’s establish fit against Freddie Mac computer within the contract and you will tort claims multiple factors behind step all of which try premised into the Freddie Mac’s incapacity to invest in repair tactics with the Windbell and you may Dalton Set qualities, as well as inability so you can agree the brand new income and transfer of your own Dalton Put possessions. Obviously, Freddie Mac’s to recover towards their evidences off allege inside the new bankruptcy proceeding courtroom has been attacked thereon basis.