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 (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

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 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”. ii B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.

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
Paul T. O'NeillMassachusetts Executive Office of Health & Human Services, Respondent
Donald Kupperstein
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
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
Roger C. StanfordMarkey & Walsh, Respondent