California, United States of America
The following excerpt is from Bergstein v. Tregub, B245576 (Cal. App. 2017):
California case law has "'ma[d]e it clear that no authorized bankruptcy proceeding can properly support a state-law claim for malicious prosecution or abuse of process. Such state-law tort claims impermissibly intrude upon exclusive federal authority over bankruptcy proceedings and threaten the uniformity of federal bankruptcy law regardless of the nature of the underlying proceeding.' [Citation.]" (Choy v. Redland Ins. Co., supra, 103 Cal.App.4th at p. 800.) Because resolution of the plaintiff's claims would require the trial court to determine whether the insured's bankruptcy filing was made in good faith within the meaning of the Bankruptcy Code, the court held the plaintiff could not pursue state claims based on the filing. (Id. at pp. 801-802.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.