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