Kalb Et Ux. v. Feuerstein Et Ux., 308 U.S. 433 (1940). · Go Syfert
Kalb Et Ux. v. Feuerstein Et Ux., 308 U.S. 433 (1940). Cases Citing This Book View Copy Cite
720 citation events (189 in the last 25 years) across 169 distinct courts.
Strongest positive: Council of the City of N.Y. v. Adams (nysupctnewyork, 2025-06-30) · Strongest negative: Warring v. Colpoys (cadc, 1941-07-29)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Warring v. Colpoys
D.C. Cir. · 1941 · signal: but see · confidence high
But see Kalb v. Feuerstein, 308 U.S. 433 , 60 S.Ct. 343 , 84 L.Ed. 370 , and United States v. United States Fidelity & Guaranty Co., 309 U.S. 506 , 60 S.Ct. 653 , 84 L.Ed. 894 . 16 Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 ; United States v. Jaeger, 2 Cir., 117 F.2d 483 .
discussed Cited as authority (verbatim quote) Council of the City of N.Y. v. Adams
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the states cannot, in the exercise of control over local laws and practice, vest state courts with power to violate the supreme law of the land
examined Cited as authority (quoted) Hewett v. Wells Fargo Bank, N.A.
Fla. Dist. Ct. App. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the constitution grants congress exclusive power to regulate bankruptcy and under this power congress can limit that jurisdiction which courts, state or federal, can exercise over the person and property of a debtor who duly invokes the bankruptcy law.
discussed Cited as authority (quoted) In Re Petroleum Piping Contractors, Inc.
Bankr. N.D. Ind. · 1997 · quote attribution · 1 verbatim quote · confidence low
the action of the ... court was not merely erroneous but was beyond its power, void, and subject to collateral attack
discussed Cited as authority (quoted) In Re Downing
Bankr. N.D. Okla · 1992 · quote attribution · 1 verbatim quote · confidence low
the action of the ... court was not merely erroneous but was beyond its power, void, and subject to collateral attack
discussed Cited as authority (quoted) Keith Ellis v. Consolidated Diesel Electric Corporation
10th Cir. · 1990 · quote attribution · 1 verbatim quote · confidence low
the action of the ... court was not merely erroneous but was beyond its power, void, and subject to collateral attack
discussed Cited as authority (quoted) Ellis v. Consolidated Diesel Electric Corp.
10th Cir. · 1990 · quote attribution · 1 verbatim quote · confidence low
the action of the ... court was not merely erroneous but was beyond its power, void, and subject to collateral attack
cited Cited as authority (rule) In re Marriage of Winters
Ill. App. Ct. · 2026 · confidence medium
“The States cannot, in the exercise of control over local laws and practice, vest state courts with power to violate the supreme law of the land.” Kalb v. Feuerstein, 308 U.S. 433, 439 (1940).
discussed Cited as authority (rule) Mr. W Fireworks, Inc. v. Electro Sales & Service, Inc.
Bankr. W.D. Tex. · 2025 · confidence medium
This was because Congress intended to deprive a state court “of the power and jurisdiction to continue or maintain in any manner the foreclosure proceedings against appellants without the consent, after hearing, of the bankruptcy court in which the farmer’s petition was then pending.” Id. at 440.
discussed Cited as authority (rule) In re: Terry L Wike
9th Cir. BAP · 2024 · confidence medium
Through this power, “Congress can limit that jurisdiction which courts, State or Federal, can exercise over the person and property of a debtor who duly invokes the bankruptcy law.” Id. (quoting Kalb v. Feuerstein, 308 U.S. 433, 439 (1940)). “[J]urisdiction and authority over bankruptcies has been vested, from the beginning of the Republic, in the federal district courts.” Id. (citations omitted).
cited Cited as authority (rule) Simmons v. Commissioner of Social Security
W.D. Mich. · 2023 · confidence medium
Cal. May 15, 2006) (quoting Kalb v. Feuerstein, 308 U.S. 433, 438 (1940)) (internal citations omitted).
cited Cited as authority (rule) Ruiz v. Ruiz
D. Utah · 2022 · confidence medium
Corp., 894 F.2d 371 , 372 (10th Cir. 1990) (citing Kalb v. Feuerstein, 308 U.S. 433, 438 (1940)).
discussed Cited as authority (rule) (PS) Gianelli v. Schoenfeld
E.D. Cal. · 2021 · signal: cf. · confidence medium
Cf. In re Gurrola 328 B.R. at 167 (“[T]here is no requirement that the fact of bankruptcy protection be raised in the state court.” 22 (discussing the Supreme Court’s interpretation of the impact of automatic stays in Kalb v. 23 Feuerstein, 308 U.S. 433, 444 (1940)). 24 15 Without the benefit of briefing by the parties, the court does not rule on PG&E’s status as a defendant in this case, beyond holding that the February 2021 service was a nullity for purposes 25 of removal procedure.
discussed Cited as authority (rule) Warsaw Orthopedic, Inc. v. Sasso
Fed. Cir. · 2020 · confidence medium
Medtronic states that prece- dent shows that preclusion “may in some contexts” be sub- ject to “[d]octrines of federal pre-emption.” Durfee v. Duke, 375 U.S. 106, 114 (1963) (citing Kalb v. Feuerstein, 308 U.S. 433, 439 (1940)).
discussed Cited as authority (rule) Mandelbrot v. J.T. Thorpe Settlement Trust (In Re J.T. Thorpe, Inc.)
9th Cir. · 2017 · confidence medium
“The Constitution grants Congress exclusive power to regulate bankruptcy,” Kalb v. Feuerstein, 308 U.S. 433, 440 (1940), and Congress has used that power here to set up a particular mechanism for resolving the asbestos liabilities of debtors facing billions of dollars in potential claims.
discussed Cited as authority (rule) In re: Michele Renee Clark
9th Cir. BAP · 2014 · confidence medium
We disagree. 8 This Panel did conclude in In re Birting Fisheries, Inc., 9 300 B.R. at 498 , that, “[w]hen a matter comes within the 10 bankruptcy court’s exclusive jurisdiction . . . general 11 preclusion rules and the Rooker-Feldman doctrine do not apply.” 12 See, e.g., Kalb v. Feuerstein, 308 U.S. 433, 438-39 (1940) 13 (“Congress, because its power over the subject of bankruptcy is 14 plenary, may by specific bankruptcy legislation create an 15 exception . . . and render judicial acts taken with respect to 16 the person or property of a debtor whom the bankruptcy law 17 protects nul…
discussed Cited as authority (rule) In re: Michele Renee Clark
9th Cir. BAP · 2014 · confidence medium
We disagree. 8 This Panel did conclude in In re Birting Fisheries, Inc., 9 300 B.R. at 498 , that, “[w]hen a matter comes within the 10 bankruptcy court’s exclusive jurisdiction . . . general 11 preclusion rules and the Rooker-Feldman doctrine do not apply.” 12 See, e.g., Kalb v. Feuerstein, 308 U.S. 433, 438-39 (1940) 13 (“Congress, because its power over the subject of bankruptcy is 14 plenary, may by specific bankruptcy legislation create an 15 exception . . . and render judicial acts taken with respect to 16 the person or property of a debtor whom the bankruptcy law 17 protects nul…
discussed Cited as authority (rule) Travelers Indemnity Co. v. Bailey
SCOTUS · 2009 · confidence medium
See, e. g., United States v. United States Fidelity & Guaranty Co., 309 U. S. 506, 514 (1940) (a collateral attack on subject-matter jurisdiction is permissible “where the issue is the waiver of [sovereign] immunity”); Kalb v. Feuerstein, 308 U. S. 433, 439-440, 444 (1940) (where debtor’s petition for relief was pending in bankruptcy court and federal statute affirmatively divested other courts of jurisdiction to continue foreclosure proceedings, state-court foreclosure judgment was subject to collateral attack).
discussed Cited as authority (rule) Brown v. Earthboard Sports
6th Cir. · 2007 · confidence medium
A Brown’s first claim on appeal is that the district court erred in holding that federal law preempts his state Blue Sky law claims.2 NSMIA, which in pertinent part amended Section 18(a)(1)(A) of the 1933 Securities Act, 15 U.S.C. § 77r(a)(1)(A), preempts state regulation with respect to “covered securities.”3 “The States cannot, in the exercise of control over local laws and practice, vest state courts with power to violate the supreme law of the land.” Kalb v. Feuerstein, 308 U.S. 433, 439 (1940).
discussed Cited as authority (rule) Evans v. Schneider
N.Y. City Civ. Ct. · 1999 · confidence medium
(Kalb v Feuerstein, 308 US 433, 443 [1940].) Respondent posits in effect that any action affecting any aspect of respondent’s property interests was automatically stayed at the time of filing of his chapter 7 bankruptcy petition.
cited Cited as authority (rule) Dale Alan LaBarge v. Kevin Lynn Vierkant
8th Cir. BAP · 1999 · confidence medium
Kalb v. Feuerstein, 308 U.S. at 438-40, 443 , 60 S. Ct. at 346, 348 (footnotes omitted).
cited Cited as authority (rule) LaBarge v. Vierkant (In Re Vierkant)
8th Cir. BAP · 1999 · confidence medium
Kalb v. Feuerstein, 308 U.S. at 438-40, 443 , 60 S.Ct. at 346, 348 (footnotes omitted).
discussed Cited as authority (rule) Central Transport, Inc. v. Package Printing Co.
Mass. · 1999 · confidence medium
These decisions arose from International Longshoremen’s Ass’n v. Davis, 476 U.S. 380 (1986), in which the Supreme Court decided that, where Congress has vested jurisdiction exclusively in one forum, preemption can be raised at any time because the “[Fjederal law itself ‘oust[ed] the jurisdiction of the state court’ [and] [t]he state judgment thus ‘was not merely erroneous but was beyond [the state court’s] power, void, and subject to collateral attack.’ ” Id. at 393 n.11, quoting Kalb v. Feuerstein, 308 U.S. 433, 438 (1940).
discussed Cited as authority (rule) Phillip Duncan Bronson v. United States (2×)
Fed. Cir. · 1995 · confidence medium
In Kalb v. Feuerstein, 308 U.S. 433, 438, 444 , 60 S.Ct. 343, 345, 348 , 84 L.Ed. 370 (1940), the Supreme Court answered this question and decided that actions in violation of a stay are void ab initio and subject to collateral attack.
discussed Cited as authority (rule) In re GPA, Inc.
9th Cir. · 1993 · confidence medium
The only exception to this rule appears to be "when the state proceedings are considered a legal nullity and thus void ab initio." In re James, 940 F.2d 46 , 52 (3d Cir.1991), (citing Kalb v. Feuerstein, 308 U.S. 433, 438-40 (1940)). 23 The question of fraudulent transfer was raised by GPA to the Nevada Supreme Court: it was argued in the briefs and presumably at oral argument.
discussed Cited as authority (rule) Carpenters Health & Welfare Trust Fund v. Parnas Corp.
Cal. Ct. App. · 1986 · confidence medium
(Kalb v. Feuerstein (1940) 308 U.S. 433, 438-439 [ 84 L.Ed. 370, 374 , 60 S.Ct. 343 ]; Hines v. Lowrey (1938) 305 U.S. 85, 91 [ 83 L.Ed. 56, 60 , 59 S.Ct. 31 ]; Hawke v. Smith No. 1 (1920) 253 U.S. 221, 226 [ 64 L.Ed. 871, 875 , 40 S.Ct. 495 , 10 A.L.R. 1504 ].) “[0]ur first reference is of course to the literal meaning of words employed.” (Flora v. United States (1958) 357 U.S. 63, 65 [ 2 L.Ed.2d 1165, 1167 , 78 S.Ct. 1079 ].) And: “It is our judicial function to apply statutes on the basis of what Congress has written.” (U. S. v. Great Northern R.
discussed Cited as authority (rule) In Re Marriage of Thomas
Cal. Ct. App. · 1984 · confidence medium
(Kalb v. Feuerstein, supra, 308 U.S. 433, 438 [ 84 L.Ed. 370, 374 ].) Once a court has jurisdiction of both the parties and the subject matter, as the superior court did here, the judgment binds the parties even though the court may have proceeded irregularly or erred in applying the law to the case before it.
discussed Cited as authority (rule) Town of Springfield, Vermont v. McCarren
D. Vt. · 1982 · confidence medium
On the very same day a unanimous Supreme Court held that “[t]he [federal district] court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action,” Chicot County Drainage Dist., supra, 308 U.S. 371, 377 , 60 S.Ct. 317, 320 , 84 L.Ed. 329 (1940) (citing Stoll v. Gottlieb, supra), that same unanimous Court held that, while “[i]t is generally true that a judgment by a court of competent jurisdiction bears a presumption of regularity and is not thereafter subject to collatera…
discussed Cited as authority (rule) Matter of Lincoln Plaza Towers Associates
Bankr. S.D.N.Y. · 1980 · confidence medium
Kalb v. Feuerstein, 308 U.S. 433, 438, 444 , 60 S.Ct. 343, 345, 348 , 84 L.Ed. 370 (1940); Denver Building and Construction Trades Council v. N.L.R.B., 186 F.2d 326 (D.C.Cir.1956), reversed on other grounds, 341 U.S. 675 , 71 S.Ct. 943 , 95 L.Ed. 1284 (1957). 33 .
cited Cited as authority (rule) International Philanthropic Hospital Foundation v. United States
Ct. Cl. · 1980 · confidence medium
Defendant’s authorities include: Kalb v. Feuerstein, 308 U.S. 433, 438 (1940); Stoll v. Gottlieb, 305 U.S. 165, 170 (1938); American Sur.
discussed Cited as authority (rule) United States v. Kras (2×)
SCOTUS · 1973 · confidence medium
Kalb v. Feuerstein, 308 U. S. 433, 438-439 (1940).
discussed Cited "see" In re Christian Mark McCoy v. Petra, Inc.
Bankr. D. Mont. · 2026 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433 , 439 (1940) (finding that bankruptcy law is Congressionally granted and divests state court jurisdiction of the power to enforce judgment subject to attack as a nullity); See generally Jackson v. FIE Corp., 302 F.3d 515 (5th Cir. 2002) (finding that a lack of personal jurisdiction by service invalidates any findings).
cited Cited "see" In Re: Enrique V. Greenberg
S.D. Cal. · 2021 · signal: see · confidence high
See Durfee v. Duke, 375 U.S. 106, 114 (1963) (citing 25 Kalb v. Feuerstein, 308 U.S. 433 (1940); United States v. United States Fidelity & 26 Guaranty Co., 309 U.S. 506 (1940)).
discussed Cited "see" Pamela C. Parker
Bankr. W.D. Pa. · 2021 · signal: see · confidence high
See In re Ward, 837 F.2d 124, 126 (3rd Cir.1988) (sheriff's sale conducted in violation of the stay is “void and without effect”, citing Kalb v. Feuerstein, 308 U.S. 433 , 438–40, 60 S.Ct. 343, 346 , 84 L.Ed. 370 (1940)); Maritime Elec.
discussed Cited "see" Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer (2×) also: Cited "see, e.g."
Tex. App. · 2015 · signal: see · confidence high
See Roccaforte v. Jefferson Cnty., 341 S.W.3d 919, 923 (Tex.2011) (citing Kalb v. Feuerstein, 308 U.S. 433 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940)).
cited Cited "see" Don E. Kilpatrick v. Adriana Potoczniak
Tex. App. · 2014 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433 , 439 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992); Paine v. Sealy, 956 S.W.2d 803, 805 (Tex. App.—Houston [14th Dist.] 1997, no writ).
cited Cited "see" Alice M. Wood and Daniel L. Wood v. HSBC Bank USA, N, A. and Ocwen Loan Servicing, L.L.C
Tex. App. · 2014 · signal: see · confidence high
See Roccaforte v. Jefferson Cnty., 341 S.W.3d 919, 923 (Tex.2011) (citing Kalb v. Feuerstein, 308 U.S. 433 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940)).
discussed Cited "see" in Re Kenneth Dewey Ferrell Jr.
Tex. App. · 2014 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433 , 439 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992); Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988); Eguia, 367 S.W.3d 3 at 458 ; In re Pegasus Funds TFN Trading Partners, LP, 345 S.W.3d 175 , 176–77 (Tex. App.—Dallas 2011, orig. proceeding); In re De La Garza, 159 S.W.3d 119, 121 (Tex. App.—Corpus Christi 2004, orig. proceeding).
discussed Cited "see" Paul Black, Pbf Investments, Ltd., Bnp Holdings, Ltd., Bnp Commerical Properties, Ltd., Tse Equities I, LLC Bnp Management, LLC. v. Toby Shor and Seashore Investments Management Trust
Tex. App. · 2013 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433 , 439 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992); Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988); Eguia, 367 S.W.3d at 458 ; In re Pegasus Funds TFN Trading Partners, LP, 345 S.W.3d 175 , 176–77 (Tex. App.—Dallas 2011, orig. proceeding); In re De La Garza, 159 S.W.3d 119, 121 (Tex. App.—Corpus Christi 2004, orig. proceeding). 12 Accordingly, the turnover order of August 11, 2011, which purports to affect the same property that was at issue in the bankruptcy proceedings, is void because it was issued in vi…
discussed Cited "see" Black v. Shor
Tex. App. · 2013 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433, 439 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex.1992); Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988); Eguia, 367 S.W.3d at 458; In re Pegasus Funds TFN Trading Partners, LP, 345 S.W.3d 175, 176-77 (Tex.App.Dallas 2011, orig. proceeding); In re De La Garza, 159 S.W.3d 119, 121 (Tex.App.Corpus Christi 2004, orig. proceeding).
cited Cited "see" Fernando Javier Eguia v. Michelle Eguia
Tex. App. · 2012 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433, 443 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940); Baytown State Bank v. Nimmons, 904 S.W.2d 902, 905 (Tex.App.-Houston [1st Dist.] 1995, writ denied); S. County Mut.
discussed Cited "see" Rushton v. Bank of Utah (In re C.W. Mining Co.)
Bankr. D. Utah · 2011 · signal: see · confidence high
See § 541(a)(3) (makes no reference to property recoverable under §§ 547, 548 or 549, but includes interests recoverable under § 550 as property of the estate). . 308 U.S. 433 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940). .
cited Cited "see" In Re Pegasus Funds TFN Trading Partners, LP
Tex. App. · 2011 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433, 439 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex.1992) (opinion issued after filing of *177 bankruptcy proceedings void).
discussed Cited "see" Gonzales v. Beery (In Re Beery)
Bankr. D.N.M. · 2011 · signal: see · confidence high
Sanction was for IRS to lose its secured status.); see Kalb v. Feuerstein, 308 U.S. 433, 438 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940) (Wisconsin state court did not have jurisdiction to confirm sheriffs sale and dispossess farmer debtors who had filed bankruptcy petition).
cited Cited "see" Larry Dickinson v. Mary Dickinson
Tex. App. · 2010 · signal: see · confidence high
In re Sensitive Care, 28 S.W.3d at 39 ; see Kalb v. Feuerstein, 308 U.S. 433 , 439, 60 S. Ct. 343, 346 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex. 1992).
cited Cited "see" Dickinson v. Dickinson
Tex. App. · 2010 · signal: see · confidence high
In re Sensitive Care, 28 S.W.3d at 39 ; see Kalb v. Feuerstein, 308 U.S. 433 , 439, 60 S.Ct. 343, 346 , 84 L.Ed. 370 (1940); Howell v. Thompson, 839 S.W.2d 92, 92 (Tex.1992).
discussed Cited "see" State Ex Rel. Laughlin v. Bowersox
Mo. · 2010 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940) (holding that where Congress had given exclusive jurisdiction to a federal bankruptcy court, the state court's judgment in that area is subject to collateral attack).
cited Cited "see" In re J.S. II, L.L.C.
Bankr. N.D. Ill. · 2010 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433, 438 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940).
cited Cited "see" In Re Js II, LLC
Bankr. N.D. Ill. · 2010 · signal: see · confidence high
See Kalb v. Feuerstein, 308 U.S. 433, 438 , 60 S.Ct. 343 , 84 L.Ed. 370 (1940).
cited Cited "see" Larry York D/B/A York Tank Trucks v. State of Texas and Wise County, Texas
Tex. App. · 2009 · signal: see · confidence high
In re Sensitive Care , 28 S.W.3d at 39 ; see Kalb v. Feuerstein , 308 U.S. 433 , 439, 60 S. Ct. 343, 346 (1940); Howell v. Thompson , 839 S.W.2d 92, 92 (Tex. 1992).
Retrieving the full opinion text from the archive…
Kalb Et Ux.
v.
Feuerstein Et Ux. Kalb v. Luce
Nos. 120, 121.
Supreme Court of the United States.
May 7, 1940.
308 U.S. 433
Messrs. William Lemke and Elmer McClain, with whom Mr. James J. McManamy was on the brief, for appellants., Messrs. J. Arthur Moran and Arthur T. Thorson for appellees.
Black.
Cited by 2 opinions  |  Published
2 passages pin-cited by 5 cases
Pinpoint authority: #11,587 of 633,719
Citer courts: Tenth Circuit (2) · District Court of Appeal of Fl… (1) · N.D. Indiana (1) · N.D. Oklahoma (1)
[*435] Mr. Justice Black

delivered the opinion of the Court.

Appellants are farmers. Two of appellees, as mortgagees, began foreclosure on appellants’ farm [1] March 7, 1933, in the Walworth (Wisconsin) County Court; judgment of foreclosure was entered April 21, 1933; July 20, 1935, the sheriff sold the property under the judgment; September 16,1935, while appellant Ernest Newton Kalb had duly pending [2] in the bankruptcy court a petition for[*436] composition and extension of time to pay his debts under § 75 of the Bankruptcy Act (Frazier-Lemke Act), [3] the 'Walworth County Court granted the mortgagees’ motion for confirmation of the sheriff’s sale; no stay of the foreclosure or of the subsequent action to enforce it was ever sought or granted in the state or bankruptcy court; December 16, 1935, the mortgagees, who had purchased at the sheriff’s sale, obtained a writ of assistance from the state court; and March 12, 1936, the sheriff executed the writ by ejecting appellants and their family from the mortgaged farm.

The questions in both No. 120 and No. 121 are whether the Wisconsin County Court had jurisdiction, while the petition under the Frazier-Lemke Act was pending in the bankruptcy court, to confirm the sheriff’s sale and order appellants dispossessed, and, if it. did not, whether its action in the absence of direct appeal is subject to collateral attack.

No. 120. After ejection from their farm, appellants brought an action in equity in the Circuit Court of Wal-worth County, Wisconsin, against the mortgagees who had purchased at the sheriff’s sale, for restoration of possession, for cancellation of the sheriff’s deed and for removal of the mortgagees from the farm. Demurrer was sustained for failure to state a cause of action and the complaint was dismissed. The Supreme Court of Wisconsin affirmed. [4]

No. 121 is'a suit at law in the'state court by appellant Ernest Newton Kalb against the mortgagees, the sheriff, and the County Court judge who confirmed the foreclosure sale and issued the writ of assistance.., Damages are sought for conspiracy to deprive appellant of posses[*437] sion, for assault and battery, and for false imprisonment. As in No. 120, demurrer was sustained, and the Supreme Court of Wisconsin affirmed. [5]

In its first opinion the Supreme Court of Wisconsin said: “It is the contention of the plaintiff [mortgagor] that this statute is self executing, — that is, that it requires no application to the state or federal court in which foreclosure proceedings are pending for a stay; in other words, that it provides for a statutory and not for a judicial stay. Plaintiff’s claims under the Bankruptcy Act present a question which clearly arises under the laws of the United States and therefore present a federal . question upon which determination of the federal courts is controlling.” Addressing itself solely to this federal qüestion of construing the Erazier-Lemke Act, the Wisconsin court decided that the federal Act did not itself as an automatic statutory stay terminate the state court’s jurisdiction when the farmer filed his petition in the bankruptcy court. Since there had been no judicial stay, it held that the confirmation of sale and writ of assistance were not in violation of the Act.

Appellees insist, however, that the Wisconsin court on rehearing rested its judgment on an adequate non-federal ground. If'that were the fact, we would not, under ac-ceptéd practice, reach the state court’s construction of the federal statute. [6] The statement on rehearing relied[*438] on as constituting the non-federal ground was: “We need not consider nor discuss the question whether the congress has power to diyest the jurisdiction of a state court which has once attached. That question is not presented by this record. It would seem from a consideration of sec. 75 as amended that the filing of the petition automatically operated to extend the period of redemption. It is possible that that state of facts if made tP appear would make the order of the trial court erroneous but the order would be within the power of the court to make. No appeal having been taken, no showing having been made in the state court, an order of sale having been confirmed and the purchaser put in possession, the plaintiff is in no position to claim that the order of the circuit, court is void/’

But if appellants are right in their contention that the federal Act of itself, from the moment the petition was filed and so long as it remained pending, operated, in the absence of the bankruptcy court’s consent, to oust the jurisdiction of the state court so as to stay its power to proceed with foreclosure, to confirm a sale, and to issue an order ejecting appellants from their farm, the action of the Walworth County Court was not merely erroneous but was beyond its power, void, and subject to collateral attack. And the determination whether the Act did so operate is a construction of that Act and . a federal question.

It is generally true that a judgment by a court of competent jurisdiction bears a presumption, of regularity and is not thereafter subject to-collateral attack. [7] But Congress, because its power over the subject of bankruptcy[*439] is plenary, may by specific bankruptcy legislation create an exception to that principle and render judicial acts taken with respect to the person or property of a debtor whom the bankruptcy law protects nullities and vulnerable collaterally. [8] Although the Walworth County Court had general jurisdiction over foreclosures under the law of Wisconsin, [9] a peremptory prohibition by Congress in •the exercise of its supreme power oyer bankruptcy that no state court have jurisdiction over a petitioning farmer-debtor or his property, would have rendered the confirmation of sale and its enforcement beyond the County Court’s power and nullities subject to collateral attack. [10] The States cannot, in the exercise of control over local laws and practice, vest state courts with power to violate the supreme law of the land. [11] The Constitution grants Congress exclusive power to regulate bankruptcy and under-this power Congress can limit the jurisdiction which courts, state or federal, can exercise over the person and property of a debtor who duly invokes the bankruptcy law. If Congress has vested in the bankruptcy courts exclusive jurisdiction over farmer-debtors and their prop- erty, and has by its Act withdrawn from all other courts all power under any- circumstances to maintain and enforce foreclosure proceedings against them, its Act is the supreme law of the land which all courts — state and federal — must obsérve. The wisdom and desirability of an automatic statutory ouster of jurisdiction of all except bankruptcy courts over farmer-debtors and their property were considerations for Congress alone.

[*440] We think the language and broad policy of the Frazier-Lemke Act conclusively demonstrate that Congress intended to, and did deprive the Wisconsin County Court of the power and jurisdiction to continue or maintain in any manner the foreclosure proceedings against appellants without the consent after hearing of the bankruptcy court in which the farmer’s petition was then pending. [12]

The Act expressly provided:

“(n) The filing of a petition . . . shall immediately subject the farmer and all his property, wherever located, ... to the exclusive jurisdiction of the court, including . . . the right or the equity of redemption where the period of redemption has not or had not expired, .... or where the sale has not or had not been confirmed,” and “In all cases where, at the time of filing the petition, the period of redemption has or had not expired, ... or where the sale has not or had not been confirmed, . . . the period of redemption shall be extended or the confirmation of sale withheld for the period necessary for the purpose of carrying out the provisions of this section”; and

“(o) Except upon petition made to and granted by the judge after hearing and report by the conciliation commissioner, the following proceedings shall not be instituted, or if instituted at any. time prior to the filing of a petition under this section, shall not be maintained, in any court or otherwise, against the farmer or his property, at any time after the filing of the petition under this section, and prior to the confirmation or other disposition of the composition or extension proposal by the court:

[*441] “(2) Proceedings for foreclosure of a mortgage on land, or for cancellation, rescission, or specific performance of an agreement for sale of land or for recovery of possession of land;

“(6) Seizure, distress, sale, or other proceedings under an execution or under any lease, lien, chattel mortgage, conditional sale agreement, crop payment agreement, or mortgage.

“(p) The prohibitions . . . shall apply to all judicial or official proceedings in any court or under the direction of any official, and shall apply to all creditors, public or private, and to all of the debtor’s property, wherever located. All such property shall be under the sole jurisdiction and control of the court in bankruptcy, and subject to the payment of the debtor farmer’s creditors, as provided for in section 75 of this Act.” [Italics supplied.]

Thus Congress repeatedly stated its unequivocal purpose to prohibit — in the absence of consent by the bankruptcy court in which a distressed farmer has a pending petition — a mortgagee or any court from instituting, or maintaining if already instituted, any proceeding against the farmer to sell under mortgage foreclosure, to confirm such a sale, or to dispossess under it.

This congressional purpose is more apparent in the light of the Frazier-Lemke Act’s legislative history. Clarifying and altering the sweeping provisions for exclusive federal jurisdiction in the original Act, [13] Congress made several important changes in 1935. [14] It was then that subsection (p) was amended so that the prohibitions in subsection (o) of any steps against a farmer-debtor or his property once his petition is filed were made specifically applicable “to all judicial or official proceed-[*442] mgs in any court or under the direction of any official, and ... to all creditors, public or private, and to all of the .debtor’s property, wherever located. All such property shall be under the sole jurisdiction and control of the court in bankruptcy, and subject to the payment of the debtor farmer’s creditors, as provided for in section 75 . . .”

As stated by the Senate Judiciary Committee in reporting these amendments: “. . . subsection (n) brings all of the bankrupt’s property, wherever located, under the absolute jurisdiction of the bankruptcy court, where it ought to be. Any farmer who takes advantage of this act ought to be willing to surrender all his property to the jurisdiction of the court, for the purpose of paying his debts, and for the sake of uniformity '. . .

“The amendment to subsection (p) further carries out the amendment to subsection (n), and places the sole jurisdiction of the bankrupt’s estate and of his obligations all in the bankruptcy court, without exception.” [15]

The Congressional purpose is similarly set out in the House Judiciary Committee’s Report: “The amendment to subsection (n) in fact construes, interprets, and clarifies both subsections (n) and (o) of section 75. By reading subsections (n) and (o) as now amended in this bill, it becomes clear that it was the intention of Congress, when it passed section 75, that the farmer-debtor and all of his property should come under the jurisdiction of the court of bankruptcy, and that the benefits of the act should, extend to the farmer, prior to confirmation of sale, during the period of redemption, and during a moratorium; and that no proceedings after the filing of the petition should be instituted, or if instituted, prior to the filing of the petition, should not be maintained in any court, or otherwise.” [16]

[*443] Congress set up in the Act an exclusive and easily accessible statutory means for rehabilitating distressed farmers who, as victims of a general economic depression, were without means to engage in formal court litigation. To this end, a referee or Conciliation Commissioner was provided for every county in which fifteen prospective farmer-debtors requested an appointment;'and express provision was made that these Commissioners should “upon request assist any farmer in preparing and fifing a petition under this section and in all matters subsequent thereto arising under this section, and farmers shall not be required to be represented by an attorney in any proceeding under this section.” [17] In harmony Withjdie general plan of giving the farmer an opportunity for rehabilitation, he was relieved — after fifing a petition for composition and extension — of the necessity of litigation elsewhere and its consequent expense. This was- accomplished by granting the bankruptcy court exclusive jurisdiction of the petitioning farmer and all his property with complete and self-executing statutory exclusion of all other courts.

The mortgagees who sought to enforce the mortgage after the petition was duly filed in the bankruptcy court, the Walworth County Court that attempted to grant the mortgagees relief, and the sheriff who enforced the court’s judgment, were all acting in violation of the controlling Act of Congress. Because that state court had been deprived of all jurisdiction or power to proceed with the foreclosure, the confirmation of the sale, the execution of the sheriff’s deed, the writ of assistance, and the ejection of appellants from their property — to the extent based upon the court’s actions — were all without authority of law. Individual responsibility for such unlawful acts must be decided according to the law of the State. We therefore express no opinion as to other contentions based[*444] upon state law and raised by appellees in support of the judgments of the Supreme Court of Wisconsin.

Congress manifested its intention that the issue of jurisdiction in the foreclosing court need not be contested or even raised by the distressed farmer-debtor. The protection of the farmers was left to the farmers themselves or to the Commissioners who might be laymen, and considerations as to whether the issue of jurisdiction was actually contested in the County Court, [18] or whether it could have been contested, [19] are not applicable where the plenary power of Congress over bankruptcy has been exercised as in this Act.

The judgments in both cases are reversed and the causes are remanded to the Supreme Court of Wisconsin for further proceedings not inconsistent with this opinion.

Reversed.

1

In both No. 120 and No. 121, the complaints alleged that appellant Kalb and his wife executed the mortgage. In No. 120 both Kalb and his wife were alleged to-be owners of the farm; while in No. 121, appellant Kalb was alleged to be the owner.

2

October 2, 1934, the petition was filed and approved. June 27, 1935,. the petition was dismissed, , but September 6, 1935, it was re[*436] instated and the order of .dismissal was vacated pursuant to the second Frazier-Lemke Act, 11 U. S. C. 203, § 5.

3

11 U. S. G. 203.

5

Demurrer to one count against the sheriff for assault and battery was overruled, but the Supreme Court of Wisconsin reversed as to this coúntv The opinion of the court upholding the demurrer appears in Kalb v. Luce, 228 Wis. 519; 279 N. W. 685; 280 N. W. 725., Appeal to this Court was dismissed because no final judgment had been entered. 305 U. S. 566. Upon remand the State Circuit Court \ dismissed, the' Supreme Court of Wisconsin affirmed, “for the reasons . . . stated” in its opinion in Kalb v. Luce, supra, 231 Wis. 186; 285 N. W. 431, and . the appeals here are from the judgments of dismissal.

6

Honeyman v. Hanan, 300 U. S. 14, 18; Lynch v. New York ex rel. Pierson, 293 U. S. 52, 54; Enterprise Irrigation District v. Farmers [*438] Mutual Canal Co., 243 U. S. 157, 164; Hammond v. Johnston, 142 U. S. 73.

7

Chicot County Drainage District v. Baxter State Bank, ante, p. 371; Stoll v. Gottlieb, 305 U. S. 165, 171, 172; Dowell v. Applegate, 152 U. S. 327, 340.

8

Vallely v. Northern Fire Ins. Co., 254 U. S. 348, 353-4; and compare Elliott v. Lessee of Piersol, 1 Pet. 328, 340; Williamson v. Berry, 8 How. 495, 540, 541, 542.

9

Laws of Wisconsin, 1907, Chap. 234.

10

Vallely v. Northern Fire Ins. Co., supra, 355; cf. Taylor v. Sternberg, 293 U. S. 470, 473.

11

Hines v. Lowrey, 305 U. S. 85, 90, 91; Davis v. Wechsler, 263 U.S. 22, 24.

12

That a state court before which a proceeding is competently initiated may — by operation of supreme federal law — lose jurisdiction to proceed to a judgment unassailable on collateral attack is not a concept unknown to our federal system. See Moore v. Dempsey, 261 U. S. 86. Cf. Johnson v. Zerbst, 304 U. S. 458.

13

47 Stat. 1470, § 75.

14

49 Stat. 942, 943.

15

Senate Report No: 985, 74th Cong., 1st Sess.

16

House Report ,No. 1808, 74th Cong., 1st Sess.

17

47 Stat. 1473 (q).

19

Chicot County Drainage District v. Baxter State Bank, supra.