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