Legal Opinion · Dissent
In Re Robert Gruntz, Debtor. Robert Gruntz v. County of Los Angeles Los Angeles District Attorney
Court of Appeals for the Ninth Circuit
Decided February 4, 1999No. 97-55379Published
1DissentFletcher, Circuit Judge
The majority frames the question before us as “whether the California state courts' had jurisdiction to determine if the state criminal proceedings against Gruntz were excluded from the automatic stay in bankruptcy.” Majority Opinion at 1023-24. I see the issue differently. For me, the question is whether a state may prosecute individuals in its state courts for conduct that is criminal under state law, without first obtaining permission from the federal bankruptcy courts. Because I think it beyond cavil that this question must be answered in the affirmative, I respectfully dissent and would…
2Cases cited7 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Durfee v. DukeSupreme Court of the United States · 1963
- In Re Baldwin-United Corporation Litigation. Vincent Erti, Joseph and Elizabeth Chupko, George and Margaret Ledney, William Neil Aicholtz and Janet Aicholtz and Genevieve Novicky on Behalf of Themselves and All Others Similarly Situated v. Paine Webber Jackson & Curtis, Inc., Paine Webber Group, Inc., Paine Webber, Inc., Pwjc Insurance Sales, Inc., Planco Inc., Donald B. Marron and Donald E. Nickelson, Paine Webber Group, Inc., Paine Webber Incorporated and Pwjc Insurance Sales, Inc., Third-Party-Plaintiffs-Appellees v. Baldwin-United Corporation and D.H. Baldwin Company, Third-Party-Defendants-AppellantsCourt of Appeals for the Second Circuit · 1985
- In Re BonaDistrict Court, S.D. New York · 1991
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