Can a state judge order a federal bankruptcy discharge in violation of an automatic stay?
federal, United States of America
The following excerpt is from In re Pavelich, 229 BR 777 (B.A.P. 9th Cir. 1999):
The issuance of the bankruptcy discharge is a matter within exclusive federal jurisdiction. A state court that does not honor a bankruptcy discharge is, in effect, not honoring a federal judgment. And a "Congressional grant of exclusive jurisdiction to the federal courts includes the implied power to protect that grant." Gonzales v. Parks, 830 F.2d 1033, 1036 (9th Cir.1987) (bankruptcy court has power to declare state judgment in violation of automatic stay void at its inception).
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