Supreme Court of the United States · Official docket →
Donald C. Kupperstein v. Irene Schall, Personal Representative of the Probate Estate of Fred Kuhn, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 20-1472 · judgment April 22, 2021
Before the decision, about 4.2× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition filed soon after the judgment below, and counsel with five or more prior petitions here.
Questions presented
-
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.
-
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.
-
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”.
Counsel of record
For petitioner
David Glenn Baker
Law Office of David Glenn Baker
For respondent
Roger C. Stanford
Markey & Walsh
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 21 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 15 2021Waiver of right of respondent Commonwealth of Massachusetts, Executive Office of Health & Human Services to respond filed.
- Jul 03 2021Waiver of right of respondent Irene B. Schall Personal Representative of the Estate of Fred Kuhn to respond filed.
- Jun 24 2021Petition for a writ of certiorari filed. (Response due July 28, 2021)