Bd. of Governors of the Fed. Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32 (1991). · Go Syfert
Bd. of Governors of the Fed. Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32 (1991). Cases Citing This Book View Copy Cite
1,162 citation events (710 in the last 25 years) across 95 distinct courts.
Strongest positive: Novo Nordisk Inc v. Secretary US Dept & Health and Human Services (ca3, 2025-10-06)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Novo Nordisk Inc v. Secretary US Dept & Health and Human Services
3rd Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
following mcorp, there is not much room to contend that courts may disregard statutory bars on judicial review just because the underlying merits seem obvious.
discussed Cited as authority (verbatim quote) CARSON v. NEW JERSEY STATE PRISON
D.N.J. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a federal habeas court ... cannot decide whether the evidence in question was properly allowed under the state law of evidence.
examined Cited as authority (verbatim quote) Cause of Action Institute v. Eggleston (3×) also: Cited as authority (quoted)
D.D.C. · 2016 · quote attribution · 3 verbatim quotes · confidence high
non-statutory review actions may be proper only when a plaintiff is unable to bring his case predicated on either a specific or a general statutory review provision.
examined Cited as authority (verbatim quote) Ridder, Willem v. OTS (3×) also: Cited as authority (rule), Cited "see"
D.C. Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
this statutory language leaves no room to doubt that congress provided only one avenue for challenging the terms of an ots restraining order--an action brought under 12 u.s.c. s 1818 .
examined Cited as authority (quoted) Peoples National Bank v. Office of the Comptroller of the Currency of the United States (4×) also: Cited "see, e.g."
E.D. Tex. · 2002 · signal: see · quote attribution · 3 verbatim quotes · confidence high
tripartite regime of judicial review
cited Cited as authority (rule) Edmund J. Susman Jr. and all similarly situated individuals v. Ann Marie T. Sullivan, M.D. et al
W.D.N.Y. · 2026 · confidence medium
Inc., 502 U.S. 32, 43 (1991)), and nonstatutory review is unavailable.
discussed Cited as authority (rule) The Sustainability Institute v. Donald Trump (2×)
4th Cir. · 2026 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991)).
cited Cited as authority (rule) Center for Taxpayer Rights v. Internal Revenue Service
D.D.C. · 2025 · confidence medium
Comm’n v. Texas, 605 U.S. 665, 681 (2025) (quoting Board of Governors, FRS v. MCorp Financial, Inc., 502 U.S. 32, 43 (1991)).
discussed Cited as authority (rule) Vera Institute of Justice v. U.S. Department of Justice
D.D.C. · 2025 · confidence medium
Additionally, ultra vires review is “unavailable if . . . a statutory review scheme provides aggrieved persons ‘with meaningful and adequate opportunity for judicial review,’ or if a statutory review scheme forecloses all other forms of judicial review.” Id. (quoting Board of Governors, FRS v. McCorp Financial, Inc., 502 U.S. 32, 43 (1991)).
discussed Cited as authority (rule) American Center for International Labor Solidarity v. Chavez-Deremer
D.D.C. · 2025 · confidence medium
Clerks v. Ass’n for Benefit of Non-Contract Emps., 380 U.S. 650, 660 (1965)), and is “also unavailable if . . . a statutory review scheme provides aggrieved persons ‘with a meaningful and adequate opportunity for judicial review,’” id. (quoting Bd. of Governors, FRS v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991)).
examined Cited as authority (rule) NRC v. Texas (3×) also: Cited "see"
SCOTUS · 2025 · confidence medium
Board of Governors, FRS v. MCorp Financial, Inc., 502 U. S. 32, 43 (1991); see id., at 44 .
discussed Cited as authority (rule) Summerour v. Internal Revenue Service
D.D.C. · 2024 · confidence medium
Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991) (“[O]nly upon a showing of ‘clear and convincing evidence’ of a contrary legislative intent should the courts restrict access to judicial review.” (quoting Abbott Lab’ys v. Gardner, 387 U.S. 136, 141 (1967))).
discussed Cited as authority (rule) American Federation of Government Employees v. FLRA (2×)
D.C. Cir. · 2024 · confidence medium
Fin., Inc., 502 U.S. 32, 44 (1991). 9 As Judge Easterbrook has explained, there can be no “doubt[] about the power of Congress to restrict the jurisdiction of district courts—for until 1875 the inferior courts lacked any federal-question jurisdiction, and until 1980 the federal-question jurisdiction was qualified by an amount-in-controversy requirement.
cited Cited as authority (rule) State of Texas v. NRC
5th Cir. · 2024 · confidence medium
Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991).
cited Cited as authority (rule) Ponte v. Federal Deposit Insurance Corporation
D.R.I. · 2023 · confidence medium
Congress therefore was explicit that district courts are not to “affect” FDIC enforcement proceedings. , 502 U.S. 32, 38 (1991) (describing the language of § 1818(i)(1) as “plain” and “preclusive”).
discussed Cited as authority (rule) Loma Linda-Inland Consortium for Healthcare Educ. v. NLRB
D.C. Cir. · 2023 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991)) (alteration in National Air Traffic Controllers Ass’n). 1 So Loma Linda Health’s task at this juncture is to demonstrate a substantial likelihood of showing that the Regional Director has obviously exceeded a clear, specific, and mandatory constitutional limitation on its jurisdiction that is irremediable upon later review of a refusal to bargain if the Union is elected.
cited Cited as authority (rule) Stallard v. United States Patent and Trademark Office
E.D. Va. · 2023 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43, 112 (1991); see Scottsdale Cap.
cited Cited as authority (rule) Bonan v. Federal Deposit Insurance Corporation
E.D. Mo. · 2023 · confidence medium
Inc., 502 U.S. 32, 38 (1991) (discussing 12 U.S.C. § 1818 ).
cited Cited as authority (rule) Alaska Wildlife Alliance v. Haaland
D. Alaska · 2022 · confidence medium
Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991). 217 See 2020 Rule, 85 Fed.
cited Cited as authority (rule) WOODSON v. SHEESLEY
W.D. Pa. · 2022 · confidence medium
Chambers v. NASCO, Inc., 502 U.S. 32, 45 (1991) (citations omitted).
cited Cited as authority (rule) WOODSON v. CRISSMAN
W.D. Pa. · 2022 · confidence medium
Chambers v. NASCO, Inc., 502 U.S. 32, 45 (1991) (citations omitted).
discussed Cited as authority (rule) Changji Esquel Textile Co. Ltd. v. Gina Raimondo
D.C. Cir. · 2022 · confidence medium
Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991) (Kyne does not “authoriz[e] judicial review of any agency action that is alleged to have exceeded the agency’s statutory authority”); Boire v. Greyhound Corp., 376 U.S. 473 , 479–80 (1964) (Kyne was “characterized by extraordinary circumstances”).
cited Cited as authority (rule) Foster v. The United States Department of Agriculture
D.S.D. · 2022 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991)).
discussed Cited as authority (rule) National Association of Postal Supervisors v. USPS
D.C. Cir. · 2022 · confidence medium
Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991) (“only upon a showing of ‘clear and convincing evidence’ of a contrary legislative intent should the courts restrict access to judicial review” (quoting Abbott Labs. v. Gardner, 387 U.S. 136, 141 (1967))).
cited Cited as authority (rule) Las Americas Immigrant Advocacy Center v. Trump
D. Or. · 2021 · confidence medium
Inc., 502 U.S. 32, 43 (1991)).
cited Cited as authority (rule) Changji Esquel Textile Co. Ltd. v. Raimondo
D.D.C. · 2021 · confidence medium
System v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991).
discussed Cited as authority (rule) National Business Aviation Association, Inc. v. Elwell (2×)
D.D.C. · 2020 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991).
cited Cited as authority (rule) Center for Bio. Diversity v. David Bernhardt
9th Cir. · 2019 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991).
cited Cited as authority (rule) Pedro Perez Perez v. Chad Wolf
9th Cir. · 2019 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991)).
cited Cited as authority (rule) Pedro Perez Perez v. Chad Wolf
9th Cir. · 2019 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991)).
cited Cited as authority (rule) Ohr v. International Union of Operating Engineers, Local 150, AFL-CIO
N.D. Ill. · 2019 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991).
cited Cited as authority (rule) Grace v. Sessions
D.D.C. · 2018 · confidence medium
Fin., Inc., 502 U.S. 32, 44 (1991)(citations and internal quotation marks omitted).
cited Cited as authority (rule) Road Sprinkler Fitters Local Union 669 v. National Labor Relations Board
D.D.C. · 2018 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43 (1991)).
cited Cited as authority (rule) WildEarth Guardians v. United States Bureau of Land Management
10th Cir. · 2017 · confidence medium
Reserve Sys. v. MCorp Fin., 502 U.S. 32, 38 (1991); see also 11 U.S.C. § 362 (a)(1).
cited Cited as authority (rule) Kelly v. Pearce
S.D.N.Y. · 2016 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 43, 112 S.Ct. 459 , 116 L.Ed.2d 358 (1991).
discussed Cited as authority (rule) Rex v. Chase Home Finance LLC
C.D. Cal. · 2012 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 34, 44 , 112 S.Ct. 459 , 116 L.Ed.2d 358 (1991) (holding that Section 1818(i)(l) divested court of jurisdiction to rule on bankruptcy debtor’s adversary proceeding seeking "to enjoin the prosecution of two pending administrative proceedings” because injunctive relief sought would "affect by injunction ... the issuance or enforcement of any [federal banking agency’s] notice or order”). .
discussed Cited as authority (rule) Beshir v. Holder
D.D.C. · 2011 · confidence medium
Inc., 502 U.S. 32, 44 , 112 S.Ct. 459 , 116 L.Ed.2d 358 *8 (1991) (stating that “only upon a showing of ‘clear and convincing evidence’ of a contrary legislative intent should the courts restrict access to judicial review” (quoting Abbott Laboratories v. Gardner, 387 U.S. 136, 141 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967))).
cited Cited as authority (rule) Singh v. Napolitano
D.D.C. · 2010 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991) (citation and internal quotation marks omitted).
cited Cited as authority (rule) Alaka v. Atty Gen USA
3rd Cir. · 2006 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991)).
cited Cited as authority (rule) Urena-Tavares v. Atty Gen USA
3rd Cir. · 2004 · confidence medium
Reserve Sys. v. Commissioners.” Montero-Martinez v. MCorp Fin., Inc., 502 U.S. 32, 44 (1991).
cited Cited as authority (rule) Tarrawally v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
Inc., 502 U.S. 32, 44 (1991); Block v. Community Nutrition Inst., 467 U.S. 340, 349 (1984); see also INS v. St.
discussed Cited as authority (rule) Lepre v. Department of Labor
D.C. Cir. · 2001 · confidence medium
Reserve Sys. v. MCorp Financial, Inc., 502 U.S. 32, 43-44 (1991), that two "critical" factors distinguished the review provision at issue in Kyne: the lack of any alternative means of judicial review for the plaintiffs, and the lack of a clear statement of Congress's preclusive intent, such that the National Labor Relations Board was forced to "contend[ ] that a statutory provision that provided for judicial review implied, by its silence, a preclusion of review of the contested determination." Id. at 43-44 .
discussed Cited as authority (rule) Elaine Chao, Secretary of Labor, United States Department of Labor v. Hospital Staffing Services, Inc. Capital Factors, Inc. Ron Lusk, Individually and as President of Hospital Staffing Services, Inc., Kenneth Welt, Bankruptcy Trustee for Hospital Staffing Services, Inc.
6th Cir. · 2001 · signal: cf. · confidence medium
Cf. Board of Governors of the Federal Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 40 (1991) (commenting that, in deciding a case under the police powers exceptions, a proposed interpretation was "problematic, both because it conflict[ed] with the broad discretion Congress has expressly granted many administrative entities and because it [wa]s inconsistent with the limited authority Congress has vested in bankruptcy courts"). 58 Thus, a number of courts, including this one, have held that the police powers exception to the automatic stay applies where, in the majority's words, the government…
cited Cited as authority (rule) Vladimir Ismailov v. Janet Reno
8th Cir. · 2001 · confidence medium
Inc., 502 U.S. 32, 44 (1991); see also INS v. St.
discussed Cited as authority (rule) Nebraska State Legislative Board v. Rodney Slater
8th Cir. · 2001 · confidence medium
In Kyne, the Supreme Court held that a district court had jurisdiction to review a non-final agency order "made in excess of its delegated powers and contrary to a specific [statutory] prohibition." Id. at 188 . 4 In addition to the fact that Kyne involved district court review, there are other differences between this case and Kyne. "[C]entral to [the Supreme Court's] decision in Kyne was the fact that[,]" in the absence of review, the agency's action "would wholly deprive the [plaintiff] of a meaningful and adequate means of vindicating its statutory rights." Board of Governors v. MCorp Fin.…
discussed Cited as authority (rule) New Horizon of Ny LLC v. Robert Jacobs Elliot Jacobs Allan Mirwis E. J. Servicing, Incorporated E. J. Realty Management Corporation E. J. Property Consultants David Queller David Queller, Incorporated Ira Born, and Alan Jacobs 1 Stanley Lane, M.D. Peter Dapuzzo Constance Rosen, of the Estate of Howard Rosen, M.D. 2 Ruth Scharf, New Horizon of Ny LLC v. Stanley Lane, M.D. Peter Dapuzzo Constance Rosen, of the Estate of Howard Rosen, M.D. Ruth Scharf, and Robert Jacobs Elliot Jacobs Allan Mirwis E. J. Servicing, Incorporated E. J. Realty Management Corporation E. J. Property Consultants David Queller David Queller, Incorporated Ira Born Alan Jacobs
4th Cir. · 2000 · confidence medium
Related to jurisdiction, however, has a special meaning in the law, 16 and we must turn to the test approved by the Supreme Court in Celotex Corp. v. Edwards, 514 U.S. 300, 307-08 (1995), in determining whether the district court had subject matter jurisdiction in this case. 17 As the Court stated in Celotex, the "`related to' language of § 1334(b) must be read to give district courts (and bankruptcy courts under § 157(a)) jurisdiction over more than simply proceedings involving the property of the debtor or the estate;" however, "`related to' jurisdiction cannot be limitless." Celotex, 514 …
discussed Cited as authority (rule) McDougal-Saddler v. Secretary Labor
3rd Cir. · 1999 · confidence medium
As we have explained, however, in this case the statute provides us with clear and convincing evidence that Congress intended to deny the District Court jurisdiction to review and enjoin the Board's ongoing administrative proceedings. 502 U.S. at 44 (footnote omitted).
discussed Cited as authority (rule) American Airlines, Inc. v. Herman (2×) also: Cited "see"
5th Cir. · 1999 · confidence medium
Reserve Sys. v. MCorp Fin., Inc., 502 U.S. 32, 42, 112 S.Ct. 459 , 116 L.Ed.2d 358 (1991).
discussed Cited as authority (rule) In Re Harry Javens and Joyce Javens, Debtors. Harry Javens and Joyce Javens v. City of Hazel Park and City of Royal Oak
6th Cir. · 1997 · signal: cf. · confidence medium
Cf. MCorp, 502 U.S. at 41 , 112 S.Ct. at 464 (“It is possible, of course, that the Board proceedings, like many other enforcement actions, may conclude with the entry of an order that will affect the Bankruptcy Court’s control over the property of the estate, but that possibility cannot be sufficient to justify the operation of the stay against an enforcement proceeding that is expressly exempted by § 362(b)(4).
discussed Cited as authority (rule) Asquino v. Federal Deposit Insurance
D. Maryland · 1996 · confidence medium
In MCorp, the Supreme Court rejected a similar argument, holding that section 1334(b) “concerns the allocation of jurisdiction between bankruptcy courts and other ‘courts’” and that “an administrative agency such as the [Federal Reserve] Board is not a ‘court.’” 502 U.S. at 41-12 , 112 S.Ct. at 464-65 (emphasis in original).
Retrieving the full opinion text from the archive…
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
v.
MCORP FINANCIAL, INC., Et Al.
90-913.
Supreme Court of the United States.
Dec 3, 1991.
502 U.S. 32
Jeffrey P. Minear argued the cause for petitioner in No. 90-913 and respondent in No. 90-914. On the briefs were Solicitor General Starr, Assistant Attorney General Ger-son, Deputy Solicitor General Roberts, Michael R. Lazerwitz, Anthony J. Steinmeyer, and James V. Mattingly, Jr., Alan B. Miller argued the cause for respondents in No. 90-913 and petitioners in No. 90-914. With him on the briefs were Harvey R. Miller, Steven Alan Reiss, John D. Hawke, Jr., Jerome I. Chapman, Howard N. Cayne, and David F. Freeman, Jr.
Stevens, Thomas.
Cited by 315 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #19,242 of 633,719
Citer courts: Ninth Circuit (4) · E.D. Texas (3) · District of Columbia (2)
Justice Stevens

delivered the opinion of the Court.

MCorp, a bank holding company, filed voluntary bankruptcy petitions in March 1989. It then initiated an adversary proceeding against the Board of Governors of the Federal Reserve System (Board) seeking to enjoin the prosecution of two administrative proceedings, one charging MCorp with a violation of the Board’s “source of strength” regulation [1] and the other alleging a violation of § 23A of the Federal Reserve Act, as added, 48 Stat. 183, and amended. [2] The District Court enjoined both proceedings, and the Board appealed. The Court of Appeals held that the District Court had no jurisdiction to enjoin the §23A proceeding, but that, under the doctrine set forth in Leedom v. Kyne, 358 U. S. 184 (1958), the District Court had jurisdiction to review the validity of the “source of strength” regulation. The Court of Appeals then ruled that the Board had exceeded its statutory authority in promulgating that regulation. 900 F. 2d 852 (CA5 1990). We granted certiorari, 499 U. S. 904 (1991), to review the entire action but, because we conclude that the District Court lacked jurisdiction to enjoin either regulatory proceeding, we do not reach the merits of MCorp’s challenge to the regulation.

H-t

In 1984, the Board promulgated a regulation requiring every bank holding company to “serve as a source of financial[*35] and managerial strength to its subsidiary banks.” [3] In October 1988, the Board commenced an administrative proceeding against MCorp, [4] alleging that MCorp violated the source of strength regulation and engaged in unsafe and unsound banking practices that jeopardized the financial condition of its subsidiary banks. The Board also issued three temporary cease-and-desist orders. [5] The first forbids MCorp to declare or pay any dividends without the prior approval of the Board. ' App. 65-67. The second forbids MCorp to dissipate any of its nonbank assets without the prior approval of the Board. Id., at 68-70. The third directs MCorp to use “all of its assets to provide capital support to its Subsidiary Banks in need of additional capital.” Id., at 85. By agreement, enforcement of the third order was suspended while MCorp sought financial assistance from the Federal Deposit Insurance Corporation (FDIC). [6]

In March 1989, the FDIC denied MCorp’s request for assistance. Thereafter, creditors filed an involuntary bankruptcy petition against MCorp in the Southern District of New York, and the Comptroller of the Currency determined that 20 of MCorp’s subsidiary banks were insolvent and, accordingly, appointed the FDIC as receiver of those banks. MCorp then filed voluntary bankruptcy petitions in the[*36] Southern District of Texas and all bankruptcy proceedings were later consolidated in that forum.

At the end of March, the Board commenced a second administrative proceeding against MCorp alleging that it had violated §23A of the Federal Reserve Act by causing two of its subsidiary banks to extend unsecured credit of approximately $63.7 million to an affiliate. For convenience, we shall refer to that proceeding as the “§ 23A proceeding” and to the earlier proceeding as the “source of strength proceeding.”

In May 1989, MCorp initiated this litigation by filing a complaint in the Bankruptcy Court against the Board seeking a declaration that both administrative proceedings had been automatically stayed pursuant to the Bankruptcy Code; in the alternative, MCorp prayed for an injunction against the further prosecution of those proceedings without the prior approval of the Bankruptcy Court. On the Board’s motion, the District Court transferred that adversary proceeding to its own docket.

In June 1989, the District Court ruled that it had jurisdiction to enjoin the Board from prosecuting both administrative proceedings against MCorp and entered a preliminary injunction halting those proceedings. The injunction restrained the Board from exercising “its authority over bank holding companies ... to attempt to effect, directly or indirectly, a reorganization of the MCorp group [of companies] except through participation in the bankruptcy proceedings.” In re MCorp, 101 B. R. 483, 491. The Board appealed.

Although the District Court did not differentiate between the two Board proceedings, the Court of Appeals held that the § 23A proceeding could go forward but that the source of strength proceeding should be enjoined. The court reasoned that the plain language of the judicial review provisions of the Financial Institutions Supervisory Act of 1966[*37] (FISA), 80 Stat. 1046, as amended, 12 U. S. C. § 1818 et seq. (1988 ed. and Supp. II), particularly § 1818(i)(1), deprived the District Court of jurisdiction to enjoin either proceeding, but that our decision in Leedom v. Kyne, 358 U. S. 184 (1958), nevertheless authorized an injunction against an administrative proceeding conducted without statutory authorization. The Court of Appeals ruled that the Board's promulgation and enforcement of its source of strength regulation exceeded its statutory authority. Accordingly, the court vacated the District Court injunction barring the § 23A proceeding, but remanded the case with instructions to enjoin the Board from enforcing its source of strength regulation. Both parties petitioned for certiorari.

The Board's petition challenges the Court of Appeals' interpretation of Leedom v. Kyne, as well as its invalidation of the source of strength regulation. MCorp's petition challenges the Court of Appeals' interpretation of the relationship between the provisions governing judicial review of Board proceedings and those governing bankruptcy proceedings. We first address the latter challenge.

II

A series of federal statutes gives the Board substantial regulatory power over bank holding companies and establishes a comprehensive scheme of judicial review of Board actions. See FISA; the Bank Holding Company Act of 1956 (BHCA), 12 U. S. C. § 1841 et seq. (1988 ed. and Supp. II); and the International Lending Supervision Act of 1983, 12 U. S. C. § 3901 et seq. In this litigation, the most relevant of these is FISA. [7]

[*38] FISA authorizes the Board to institute administrative proceedings culminating in cease-and-desist orders, 12 U. S. C. §§ 1818(a) — (b) (1988 ed., Supp. II), and to issue temporary-cease-and-desist orders that are effective upon service on a bank holding company. § 1818(c). In addition, FISA establishes a tripartite regime of judicial review. First, § 1818(c)(2) provides that, within 10 days after service of a temporary order, a bank holding company may seek an injunction in district court restraining enforcement of the order pending completion of the related administrative proceeding. Second, § 1818(h) authorizes court of appeals review of final Board orders on the application of an aggrieved party. [8] Finally, §1818(i)(l) provides that the Board may apply to district court for enforcement of any effective and outstanding notice or order.

None of these provisions controls this litigation: The action before us is not a challenge to a temporary Board order, nor a petition for review of a final Board order, nor an enforcement action initiated by the Board. Instead, FISA’s preclusion provision appears to speak directly to the jurisdictional question at issue in this litigation:

[*39] “[E]xcept as otherwise provided in this section no court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any notice or order under this section, or to review, modify, suspend, terminate, or set aside any such notice or order.” Ibid.

Notwithstanding this plain, preclusive language, MCorp argues that the District Court’s injunction against the prosecution of the Board proceedings was authorized either by the automatic stay provision in the Bankruptcy Code, 11 U. S. C. §362, or by the provision of the Judicial Code authorizing district courts in bankruptcy proceedings to exercise concurrent jurisdiction over certain civil proceedings, 28 U. S. C. § 1334(b). We find no merit in either argument.

The filing of a bankruptcy petition operates as an automatic stay of several categories of judicial and administrative proceedings. [9] The Board’s planned actions against MCorp constitute the “continuation . . . [of] administrative . . . proceeding^]” and would appear to be stayed by 11 U. S. C. § 362(a)(1). However, the Board’s actions also fall squarely[*40] within § 362(b)(4), which expressly provides that the automatic stay will not reach proceedings to enforce a “governmental unit’s police or regulatory power.” [10]

MCorp contends that in order for § 362(b)(4) to obtain, a court must first determine whether the proposed exercise of police or regulatory power is legitimate and that, therefore, in this litigation the lower courts did have the authority to examine the legitimacy of the Board’s actions and to enjoin those actions. We disagree. MCorp’s broad reading of the stay provisions would require bankruptcy courts to scrutinize the validity of every administrative or enforcement action brought against a bankrupt entity. Such a reading is problematic, both because it conflicts with the broad discretion Congress has expressly granted many administrative entities and because it is inconsistent with the limited authority Congress has vested in bankruptcy courts. We therefore reject MCorp’s reading of § 362(b)(4).

MCorp also argues that it is protected by §§ 362(a)(3) and 362(a)(6) of the Bankruptcy Code. Those provisions stay “any act” to obtain possession of, or to exercise control over, property of the estate, or to recover claims against the debtor that arose prior to the filing of the bankruptcy petition. MCorp contends that the ultimate objective of the source of strength proceeding is to exercise control of corporate assets and that the § 23A proceeding seeks enforcement of a prepetition claim.

We reject these characterizations of the ongoing administrative proceedings. At this point, the Board has only issued “Notices of Charges and of Hearing” and has expressed[*41] its intent to determine whether MCorp has violated specified statutory and regulatory provisions. It is possible, of course, that the Board proceedings, like many other enforcement actions, may conclude with the entry of an order that will affect the Bankruptcy Court’s control over the property of the estate, but that possibility cannot be sufficient to justify the operation of the stay against an enforcement proceeding that is expressly exempted by § 362(b)(4). To adopt such a characterization of enforcement proceedings would be to render subsection (b)(4)’s exception almost meaningless. If and when the Board’s proceedings culminate in a final order, and if and when judicial proceedings are commenced to enforce such an order, then it may well be proper for the Bankruptcy Court to exercise its concurrent jurisdiction under 28 U. S. C. § 1334(b). We are not persuaded, however, that the automatic stay provisions of the Bankruptcy Code have any application to ongoing, nonfinal administrative proceedings. [11]

MCorp’s final argument rests on 28 U. S. C. § 1334(b). That section authorizes a district court to exercise concurrent jurisdiction over certain bankruptcy-related civil proceedings that would otherwise be subject to the exclusive jurisdiction of another court. [12] MCorp’s reliance is misplaced. Section 1334(b) concerns the allocation of jurisdiction between bankruptcy courts and other “courts,” and, of[*42] course, an administrative agency such as the Board is not a "court." Moreover, contrary to MCorp's contention, the prosecution of the Board proceedings, prior to the entry of a final order and prior to the commencement of any enforcement action, seems unlikely to impair the Bankruptcy Court's exclusive jurisdiction over the property of the estate protected by 28 U. S. C. § 1334(d). [13] In sum, we agree with the Court of Appeals that the specific preclusive language in 12 U. S. C. § 1818(i)(1) (1988 ed., Supp. II) is not qualified or superseded by the general provisions governing bankruptcy proceedings on which MCorp relies.

III

Although the Court of Appeals found that § 1818(i)(1) precluded judicial review of many Board actions, it exercised jurisdiction in this litigation based on its reading of Leedom v. Kyne, 358 U. S. 184 (1958). Kyne involved an action in District Court challenging a determination by the National Labor Relations Board (NLRB) that a unit including both professional and nonprofessional employees was appropriate for collective-bargaining purposes-a determination in direct conflict with a provision of the National Labor Relations Act. [14] The Act, however, did not expressly authorize any judicial review of such a determination. Relying on Switchmen v. National Mediation Bd., 320 U. S. 297 (1943), the NLRB argued that the statutory provisions establishing review of final Board orders in the courts of appeals indicated a congressional intent to bar review of any NLRB action

[*43] in the District Court. [15] The Court rejected that argument, emphasizing the presumption that Congress normally intends the federal courts to enforce and protect the rights that Congress has created. Concluding that the Act did not bar the District Court’s jurisdiction, we stated: “This Court cannot lightly infer that Congress does not intend judicial protection of rights it confers against agency action taken in excess of delegated powers.” 358 U. S., at 190.

In this litigation, the Court of Appeals interpreted our opinion in Kyne as authorizing judicial review of any agency action that is alleged to have exceeded the agency’s statutory authority. Kyne, however, differs from this litigation in two critical ways. First, central to our decision in Kyne was the fact that the Board’s interpretation of the Act would wholly deprive the union of a meaningful and adequate means of vindicating its statutory rights.

“Here, differently from the Switchmen’s case, ‘absence of jurisdiction of the federal courts’ would mean ‘a sacrifice or obliteration of a right which Congress’ has given professional employees, for there is no other means, within their control ... to protect and enforce that right.” Ibid.

The cases before us today are entirely different from Kyne because FISA expressly provides MCorp with a meaningful and adequate opportunity for judicial review of the validity of the source of strength regulation. If and when the Board[*44] finds that MCorp has violated that regulation, MCorp will have, in the Court of Appeals, an unquestioned right to review of both the regulation and its application.

The second, and related, factor distinguishing this litigation from Kyne is the clarity of the congressional preclusion of review in FISA. In Kyne, the NLRB contended that a statutory provision that provided for judicial review implied, by its silence, a preclusion of review of the contested determination. By contrast, in FISA Congress has spoken clearly and directly: “[N]o court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any [Board] notice or order under this section.” 12 U. S. C. § 1818(i)(l) (1988 ed., Supp. II) (emphasis added). In this way as well, this litigation differs from Kyne. 16

Viewed in this way, Kyne stands for the familiar proposition that “only upon a showing of ‘clear and convincing evidence’ of a contrary legislative intent should the courts restrict access to judicial review.” Abbott Laboratories v. Gardner, 387 U. S. 136, 141 (1967). As we have explained, however, in this case the statute provides us with clear and convincing evidence that Congress intended to deny the District Court jurisdiction to review and enjoin the Board’s ongoing administrative proceedings.

IV

The Court- of Appeals therefore erred when it held that it had jurisdiction to consider the merits of MCorp’s challenge to the source of strength regulation. In No. 90-913, the[*45] judgment of the Court of Appeals remanding the case with instructions to enjoin the source of strength proceedings is therefore reversed. In No. 90-914, the judgment of the Court of Appeals vacating the District Court’s injunction against prosecution of the § 23A proceeding is affirmed.

It is so ordered.

Justice Thomas took no part in the consideration or decision of these cases.

1

The “source of strength” regulation provides in relevant part:

“A bank holding company shall serve as a source of financial and managerial strength to its subsidiary banks and shall not eon[d]uct its operations in an unsafe or unsound maimer.” 12 CFR § 225.4(a)(1) (1991).
2

Section 23A sets forth restrictions on bank holding companies’ corporate practices, including restrictions on transactions between subsidiary banks and nonbank affiliates. See 12 U. S. C. § 371c.

3

See n. 1, supra. In 1987, the Board clarified its policy and stated that a “bank holding company’s failure to assist a troubled or failing subsidiary bank . . . would generally be viewed as an unsafe and unsound banking practice or a violation of [12 CFR § 225.4(a)(1)] or both.” 52 Fed. Reg. 15707-15708.

4

The term “MCorp” refers to the corporation and to two of its wholly owned subsidiaries, MCorp Financial, Inc., and MCorp Management.

5

MCorp timely challenged these orders in the District Court for the Northern District of Texas, pursuant to 12 U. S. C. § 1818(c)(2). The District Court stayed MCorp’s challenge pending resolution of this proceeding. Brief for MCorp et al. 3.

6

The current status of this order is unclear. See Tr. of Oral Arg. 22-25, 41-42. We address only MCorp’s effort to enjoin the Board’s administrative proceedings and express no opinion on the continuing vitality or validity of any of the temporary cease-and-desist orders.

7

Although the several "Notices of Charges and of Hearing" issued by the Board against MCorp relied on FISA and the BHCA, e. g., App. 57, 72, the parties have focused only on the former. We note, however, that the BHCA includes a preclusion provision that is similar to § 1818(i)(1) in F ISA. See 12 U. S. C. § 1844(e)(2).

8

The statute characterizes such review of final Board orders as “exclusive” and provides:

“(2) Any party to any proceeding under paragraph (1) may obtain a review ... by the filing in the court of appeals of the United States for the circuit in which the home office of the depository institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within thirty days after the date of service of such order, a written petition praying that the order of the agency be modified, terminated, or set aside. . . . Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sentence of said paragraph (1) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the agency.” 12 U. S. C. § 1818(h)(2) (1988 ed., Supp. II).
The referenced exception concerns actions taken by the agency with permission of the court.
9

The automatic stay provision provides in relevant part:

“(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U. S. C. 78eee(a)(3)), operates as a stay, applicable to all entities, of—
“(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;
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“(3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;
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“(6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title . . . 11 U. S. C. § 362(a).
10

Title 11 U. S. C. § 362(b)(4) provides:

“(b) The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970 (15 U. S. C. 78eee(a)(3)), does not operate as a stay—
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“(4) under subsection (a)(1) of this section, of the commencement or continuation of an action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power .. . .”
11

The Board suggests that the automatic stay provisions of § 362 do not themselves confer jurisdiction on the bankruptcy court, and thus that the filing of a bankruptcy petition operates as an automatic stay only where the bankruptcy court’s jurisdiction has not already been precluded by a statute like § 1818(i)(l). We need not address this question in light of our determination that the automatic stay does not apply to the Board’s ongoing administrative proceedings.

12

Title 28 U. S. C. § 1334(b) provides:

“(b) Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district court shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.”
13

That subsection provides:

"(d) The district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate."
15

In Switchmen v. National Mediation Bd., 320 U. S., at 306, the Court had reasoned:

“When Congress in § 3 and in § 9 provided for judicial review of two types of orders or awards and in § 2 of the same Act omitted any such provision as respects a third type, it drew a plain line of distinction. And the inference is strong from the history of the Act that that distinction was not inadvertent. The language of the Act read in light of that history supports the view that Congress gave administrative action under § 2, Ninth a finality which it denied administrative action under the other sections of the Act.”
16

The other cases relied upon by the Court of Appeals — Bowen v. Michigan Academy of Family Physicians, 476 U. S. 667 (1986); Breen v. Selective Service Local Bd. No. 16, 396 U. S. 460 (1970); and Oestereich v. Selective Service System Local Bd. No. 11, 393 U. S. 233 (1968) — are distinguishable from this litigation for the same reasons. In each of those cases, the Court recognized that an unduly narrow construction of the governing statute would severely prejudice the party seeking review, and construed the statute to allow judicial review not expressly provided.