No. 20-1812

Donald C. Kupperstein v. Irene Schall, Personal Representative of the Probate Estate of Fred Kuhn, et al.

Lower Court: First Circuit
Docketed: 2021-06-28
Status: Denied
Type: Paid
Response Waived
Tags: automatic-stay bankruptcy-code bankruptcy-stay civil-jurisdiction civil-money-judgment civil-procedure governmental-collection jurisdiction police-power-exception
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether a state court has jurisdiction or authority to determine whether a civil action before it is subject to the automatic stay of 11 USC §362.

2. Whether the so-called "police power exception" of 11 USC §362(b)(4) permits a governmental entity to continue to collect a civil money judgment after a bankruptcy petition is filed without obtaining relief from the automatic stay from the bankruptcy court.

3. Whether the bankruptcy court has authority to permit the collection by a governmental agency of a civil money judgment notwithstanding the plain language of the bankruptcy code, by granting relief from the automatic stay "for cause".

Question Presented (AI Summary)

Whether a state court has jurisdiction or authority to determine whether a civil action before it is subject to the automatic stay of 11 USC §362

Docket Entries

2021-10-04
Petition DENIED.
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-15
Waiver of right of respondent Commonwealth of Massachusetts, Executive Office of Health & Human Services to respond filed.
2021-07-03
Waiver of right of respondent Irene B. Schall Personal Representative of the Estate of Fred Kuhn to respond filed.
2021-06-24
Petition for a writ of certiorari filed. (Response due July 28, 2021)

Attorneys

Commonwealth of Massachusetts, Executive Office of Health & Human Services
Paul T. O'NeillMassachusetts Executive Office of Health & Human Services, Respondent
Donald Kupperstein
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
Irene B. Schall Personal Representative of the Estate of Fred Kuhn
Roger C. StanfordMarkey & Walsh, Respondent