The automatic stay does not enjoin state criminal prosecutions and federal courts are not bound by state court modifications of the bankruptcy stay.
A debtor filed for bankruptcy after failing to pay child support and subsequently faced criminal prosecution for that failure. The debtor sought to declare the state criminal proceedings void, arguing they violated the bankruptcy automatic stay. The court addresses whether the Rooker-Feldman doctrine precludes a bankruptcy court from determining if a state judgment violates the automatic stay and whether the stay enjoins state criminal prosecutions. The court holds that federal courts are not bound by state court modifications of the automatic stay and that the automatic stay does not enjoin state criminal prosecutions under the plain language of the Bankruptcy Code.
At page 1081 Distinction between core and non-core bankruptcy proceedings78 citing cases“the automatic stay is self-executing, effective upon the filing of the bankruptcy petition.”
- Kake Tribal Corp., No. 99-01111 (Bankr. D. Alaska Sept. 19, 2023). Id., citing McGhan, 288 F.3d at 1180 ; In re Pavelich, 229 B.R. 777, 784 (B.A.P. 9th Cir. 1999), as amended (Feb. 22, 1999) (“the state court has jurisdiction to construe the bankruptcy discharge correctly, but not incorrectly”); see also…
- Superpumper, Inc. Vs. Leonard, 495 P.3d 101 (Nev. 2021).published ([T]he separation of core and 'non-core' proceedings . . . creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federal court ju…)
- Waldron v. Perkins Coie LLP, No. 20-80031 (Bankr. E.D. Wash. Apr. 22, 2021).unpublished(In general, a core proceeding in bankruptcy is one that invokes a substantive right provided by title 11 or . . . a proceeding that, by its nature, could arise only in the context of a bankruptcy case.)
- Henderson v. White (In re Henderson), 560 B.R. 365 (Bankr. D.N.M. 2016).published(The automatic stay is self-executing, effective upon the filing of the bankruptcy petition.)
- Eden Place, LLC v. Perl (In Re Perl), 513 B.R. 566 (B.A.P. 9th Cir. 2014).unpublished In re Di Giorgio, 200 B.R. at 673 n. 4; In re Gruntz, 202 F.3d at 1082 (“The automatic stay is an injunction issuing from the authority of the bankruptcy court, and bankruptcy eourt orders are not subject to collateral attack in other cour…
- Bartel v. Walsh (Bartel), 404 B.R. 584 (B.A.P. 1st Cir. 2009).published Additionally, this result comports with strong principles of federalism. *592 In re Gruntz, 202 F.3d at 1085 (“our notion of cooperative federalism caution[s] against interference with ongoing state criminal proceedings”); In re Simonini,…
- Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.), 300 B.R. 489 (B.A.P. 9th Cir. 2003).published ([T]he separation of ‘core’ and ‘non-core’ proceedings ... creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federal court ju…)
- In Re Benalcazar, 283 B.R. 514 (Bankr. N.D. Ill. 2002).published See, e.g., 202 F.3d at 1083 (“[N]oth-ing [in the federal statute establishing bankruptcy jurisdiction] vest the states with any jurisdiction over a core bankruptcy proceeding, including motions to terminate, annul, or modify the automatic…
- Gaines, No. 3:25-cv-02119 (S.D. Cal. Sept. 14, 2026).Put differently, “a ‘core proceeding’ in 24 bankruptcy is one that ‘invokes a substantive right provided by [the Bankruptcy Code] or 25 . . . a proceeding that, by its nature, could arise only in the context of a bankruptcy case.” 26 In re…
- Talon Diversified Holdings Inc. v. White, No. 24-5918 (9th Cir. July 23, 2026).unpublishedGruntz v. County of Los Angeles (In re Gruntz), 202 F.3d 1074, 1081 (9th Cir. 2000) (en banc) (citation omitted); see also Gonzales v. Parks, 830 F.2d 1033, 1035 (9th Cir. 1987) (“Filings of bankruptcy petitions are a matter of exclusive f…
Show 62 more citing cases
- In re: Pamela Lacher, No. 25-1209 (B.A.P. 9th Cir. June 29, 2026).unpublished(In re Gruntz), 202 F.3d 1074, 1081-82 (9th Cir. 2000) (en banc). 11 With respect to the stay, Ms. Lacher asserts that the Superior Court’s refusal to “rescind” the referral of the Contempt Judgment to the State Bar was a violation of both…
- Long, No. 26-08002 (Bankr. D. Idaho May 26, 2026).(In re Gruntz), 202 F.3d 1074, 1081 (9th Cir. 2000)); see also Stern v. Marshall, 564 U.S. 462 , 476-77 (2011) (stating that “core proceedings are those that arise in a bankruptcy case or under Title 11.”).
- Dam, No. 2:24-cv-00417 (E.D. Wash. Apr. 7, 2026).See 11 18 U.S.C. § 362 (a)(3); Gruntz v. Cnty. of Los Angeles, 202 F.3d 1074, 1081 (9th Cir. 19 2000).
- Tagaban v. Kake Tribal Corp., No. 24-5717 (9th Cir. Oct. 28, 2025).unpublished See In re Pegasus Gold Corp., 394 F.3d 1189, 1193 (9th Cir. 2005); In re Gruntz, 202 F.3d 1074, 1080-81 (9th Cir. 2000) (en banc) (explaining that “Congress did not have the power to grant jurisdiction to the Article I bankruptcy courts ov…
- In Re: Anthony Leo Montez, No. 4:25-cv-00031 (D. Ariz. Sept. 4, 2025).
- Battle Ground Plaza, LLC v. Ray (In Re Ray), 624 F.3d 1124 (9th Cir. 2010).published
- Dan Marius Andreiu v. Janet Reno, Attorney Gen., 223 F.3d 1111 (9th Cir. 2000).published
- Patrick E. Catalano v. Comm'r of Internal Revenue, 279 F.3d 682 (9th Cir. 2002).published
- In Re Deborah M. Canter, AKA D. Maristina Canter, Debtor, Alan Canter Canter Fam. Trust, Creditors-Appellants v. Deborah M. Canter, AKA D. Maristina Canter, Debtor-Appellee, & Edwina E. Dowell, Chapter 13 Tr., Tr., 299 F.3d 1150 (9th Cir. 2002).published
- State v. McWilliams, 2008 MT 59, 178 P.3d 121.published
- Alakozai v. Citizens Equity First Credit Union (In Re Alakozai), 499 B.R. 698 (B.A.P. 9th Cir. 2013).published
- Griffin v. Wardrobe, 559 F.3d 932 (9th Cir. 2009).published
- Lone Star Sec. & Video, Inc. v. Gurrola (In Re Gurrola), 328 B.R. 158 (B.A.P. 9th Cir. 2005).published
- In Re Dolen, 265 B.R. 471 (Bankr. M.D. Fla. 2001).published
- McLouth v. Advanta Mortg. Corp. (In Re McLouth), 268 B.R. 244 (D. Mont. 2001).published
- In Re McLouth, 257 B.R. 316 (Bankr. D. Mont. 2000).published
- In Re Aquarius Disk Servs., Inc., 254 B.R. 253 (Bankr. N.D. Cal. 2000).published
- Kir Temecula, L.P. v. LPM Corp. (In Re LPM Corp.), 269 B.R. 217 (B.A.P. 9th Cir. 2001).published
- Galmore v. Dykstra (In Re Galmore), 390 B.R. 901 (Bankr. N.D. Ind. 2008).published
- Guttman v. Fabian (In Re Fabian), 458 B.R. 235 (Bankr. D. Md. 2011).published
- Walter v. Freeway Foods, Inc. (In Re Freeway Foods of Greensboro, Inc.), 449 B.R. 860 (Bankr. M.D.N.C. 2011).published
- Freddy Burton v. Infinity Capital Mgmt., 862 F.3d 740 (9th Cir. 2014).published
- Raytheon Co. v. Boccard USA Corp., 369 S.W.3d 626 (Tex. App.—Houston [1st Dist.] 2012).published
- In re: Darryl Chadwich Carter, No. EC-14-1581-KuDTa (B.A.P. 9th Cir. Apr. 22, 2016).unpublished
- In re: Peter Szanto, No. NV-14-1528-FBD (B.A.P. 9th Cir. June 3, 2016).unpublished
- Peter Kvassay v. Robert Kvassay, 652 F. App'x 546 (9th Cir. 2016).unpublished
- Freddy Burton v. Infinity Capital Mgmt., No. 12-15618 (9th Cir. July 10, 2017).published
- Avram Perry v. Key Auto Recovery, No. 17-55518 (9th Cir. Aug. 20, 2018).unpublished
- Deutsche Bank Nat'l Trust v. Madeira Canyon Hoa, No. 19-16719 (9th Cir. Sept. 4, 2020).unpublished
- Canter v. Canter (In re Canter), 299 F.3d 1150 (9th Cir. 2002).published
- Fireman's Fund Ins. v. Plant Insulation Co., 485 B.R. 203 (N.D. Cal. 2012).published
- Karlins v. Hotel Ramada of Nevada, Inc., 138 F. App'x 9 (9th Cir. 2005).unpublished
- In re Reisbeck, 505 B.R. 546 (Bankr. D. Mont. 2014).published
- In re Grant, 507 B.R. 306 (Bankr. E.D. Cal. 2014).published
- In re Hill, 523 B.R. 704 (Bankr. D. Mont. 2014).published
- In re Bourke, 543 B.R. 657 (Bankr. D. Mont. 2015).published
- In re Pederson, 563 B.R. 327 (Bankr. D. Mont. 2017).published
- In re: Alicia Marie Richards, No. 22-1241 (B.A.P. 9th Cir. Dec. 11, 2023).published
- In Re: Janet N. Wagabaza, No. 5:18-cv-00406 (C.D. Cal. Aug. 7, 2019).
- (BK) Taggart v. Roberts, No. 2:19-cv-02470 (E.D. Cal. May 10, 2021).
- (PS) Gianelli v. Schoenfeld, No. 2:21-cv-00477, 2021 WL 2106365 (E.D. Cal. May 25, 2021).
- IN Re: Vitaly Ivanovich Smagin, No. 2:21-cv-08447 (C.D. Cal. Dec. 20, 2021).
- Winding Creek Solar LLC v. Pac. Gas & Elec. Co., No. 4:20-cv-02602 (N.D. Cal. July 15, 2021).
- In re: THG Holdings LLC, No. 1:19-cv-01714 (D. Del. Mar. 27, 2020).
- Wisdom v. Gugino, No. 1:18-cv-00477 (D. Idaho Oct. 9, 2019).
- Harlan Page Confer & Charlotte Cluff Confer, No. 21-20167 (Bankr. E.D. Cal. June 8, 2021).unpublished
- THDL Liquidating LLC v. Azar, II, No. 19-50280 (Bankr. D. Del. Aug. 29, 2019).
- Aearo Tech. LLC v. Parties Listed on Appendix A to the Complaint et a, No. 22-50059 (Bankr. S.D. Ind. Aug. 26, 2022).
- Valentine v. Valentine, No. 19-04022 (Bankr. E.D. Mo. Jan. 27, 2020).
- Valentine v. Valentine, No. 19-04022 (Bankr. E.D. Mo. Jan. 17, 2020).
- Giga Watt Inc, No. 18-03197 (Bankr. E.D. Wash. Sept. 27, 2021).
- Jeffers v. Fin. Bus. & Consum. Solutions, Inc., No. 3:24-cv-01011 (S.D. Cal. Oct. 7, 2024).
- Holder v. AuguStar Life Assurance Corp., No. 1:24-cv-01265 (E.D. Cal. Nov. 27, 2024).
- City of Martinsville, Virginia v. Express Scripts, Inc., 128 F.4th 265 (4th Cir. 2025).published
- Martell v. Wellpath LLC, No. 2:24-cv-00159 (D. Nev. Feb. 11, 2025).
- Dam v. Waldron, No. 2:24-cv-00417 (E.D. Wash. Apr. 9, 2025).
- Taft v. Salinas, No. 3:22-cv-00697 (S.D. Cal. July 15, 2025).
- City of Chester, Pennsylvania, No. 2:25-cv-01114 (E.D. Pa. Sept. 4, 2025).
- Peters v. Wells Fargo Bank, No. E056413 (Cal. Ct. App. Aug. 13, 2015).unpublished
- Eith v. Ketelhut, No. B272028M (Cal. Ct. App. Jan. 14, 2019).published
- In Re James G Maxwell, No. 2:19-cv-07655 (C.D. Cal. Dec. 28, 2021).
- Joseph v. Stryker Corp., No. 2:18-cv-00370 (E.D. Cal. Oct. 11, 2023).
At page 1082 Automatic stay as an injunction and exclusive jurisdiction64 citing cases“the automatic stay is an injunction issuing from the authority of the bankruptcy court, and bankruptcy court orders are not subject to collateral attack in other courts.”
- In Re Mid-City Parking, Inc., 332 B.R. 798 (Bankr. N.D. Ill. 2005).published But see Gruntz, 202 F.3d at 1081-83 .
- Payne v. U.S. Airways, No. S0596 (Vt. Super. Ct. July 20, 2005).published E.g., Superpumper, 620 N.W.2d at 163 ; but see In re Gruntz, 202 F.3d 1074 , 1082-83 (9th Cir. 2000) (noting that although the state courts may determine whether an exception to the automatic stay applies, such findings are subject to revi…
- Kake Tribal Corp., No. 99-01111 (Bankr. D. Alaska Sept. 19, 2023). Id., citing McGhan, 288 F.3d at 1180 ; In re Pavelich, 229 B.R. 777, 784 (B.A.P. 9th Cir. 1999), as amended (Feb. 22, 1999) (“the state court has jurisdiction to construe the bankruptcy discharge correctly, but not incorrectly”); see also…
- Kimberly Richmond Hardy, No. 6:22-bk-11277 (Bankr. C.D. Cal. Apr. 21, 2022).unpublished(The automatic stay is an 28 injunction issuing from the authority of the bankruptcy court . . . .)
- Superpumper, Inc. Vs. Leonard, 495 P.3d 101 (Nev. 2021).published See Gruntz, 202 F.3d at 1081 ("[T]he separation of core and 'non-core' proceedings . . . creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federa…
- Eden Place, LLC v. Perl (In Re Perl), 513 B.R. 566 (B.A.P. 9th Cir. 2014).unpublished (The automatic stay is an injunction issuing from the authority of the bankruptcy court, and bankruptcy eourt orders are not subject to collateral attack in other courts.)
- Hamilton v. Herr, 540 F.3d 367 (6th Cir. 2008).published (The automatic stay is an injunction issuing from the authority of the bankruptcy court . . . .)
- Solidus Networks, Inc. v. Excel Innovations, Inc., 502 F.3d 1086 (9th Cir. 2007).published(The automatic stay is an injunction issuing from the authority of the bankruptcy court.)
- Hopkins v. Plant Insulation Co., 349 B.R. 805 (N.D. Cal. 2006).published See Gruntz, 202 F.3d at 1083 (“the purpose of this section is not to create jurisdiction in non-bankruptcy courts, but to allow district courts in which the bankruptcy case is filed to adjudicate bankruptcy-related actions in which jurisdi…
- Ampersand Publ'g, LLC v. Nat'l Labor Relations Bd., Misc. No. 2021-0140 (D.D.C. Oct. 18, 2023).published(The automatic stay is an injunction issuing from the authority of the bankruptcy court, and bankruptcy court orders are not subject to collateral attack in other courts.)
Show 50 more citing cases
- Stetler, No. 26-01070 (Bankr. S.D. Fla. May 26, 2026).Rule 19 See In re Gruntz, 202 F.3d 1074, 1082 (9th Cir. 2000) (en banc) (“Arising in jurisdiction is not a matter of timing but of the nature of the claim.”). 20 See In re Toledo, 170 F.3d 1340, 1345 (11th Cir. 1999) (defining 'arising in'…
- In re: Alexander Von Neitsch & Elena Von Neitsch, No. 25-1109 (B.A.P. 9th Cir. Jan. 28, 2026).unpublished(In re Gruntz), 202 F.3d 1074, 1082 (9th Cir. 2000).
- In re: Mauro Sierra Nava, Sr., No. 25-10698 (Bankr. D.N.M. Dec. 2, 2025). That “allow[s] [federal] district courts in which the bankruptcy case is filed to adjudicate bankruptcy-related actions in which jurisdiction has been vested in other courts.” In re Gruntz, 202 F.3d 1074, 1082-83 (9th Cir. 2000).
- Lenke v. Tischler (In Re Lenke), 249 B.R. 1 (Bankr. D. Ariz. 2000).published
- State Bar of Nevada v. Wike, 145 F.4th 1221 (9th Cir. 2025).published
- Chang v. Buffington, No. 30259 (Haw. App. June 4, 2010).unpublished
- Kir Temecula, L.P. v. LPM Corp. (In Re LPM Corp.), 269 B.R. 217 (B.A.P. 9th Cir. 2001).published
- Freddy Burton v. Infinity Capital Mgmt., 862 F.3d 740 (9th Cir. 2014).published
- Chang v. Buffington, 256 P.3d 694 (Haw. 2011).published
- Burkart v. Coleman (In Re Tippett), 542 F.3d 684 (9th Cir. 2008).published
- Neshewat v. Salem (In Re Salem), 290 B.R. 479 (S.D.N.Y. 2003).published
- In Re San Angelo Pro Hockey Club, Inc., 292 B.R. 118 (Bankr. N.D. Tex. 2003).published
- Homer-Radtke v. Associated Mortg., Inc. (In Re Homer-Radtke), 305 B.R. 846 (Bankr. N.D. Ill. 2004).published
- Cano v. GMAC Mortg. Corp. (In Re Cano), 410 B.R. 506 (Bankr. S.D. Tex. 2009).published
- Johnston v. Parker (In Re Johnston), 321 B.R. 262 (D. Ariz. 2005).published
- Padilla v. Wells Fargo Home Mortg., Inc. (In Re Padilla), 379 B.R. 643 (Bankr. S.D. Tex. 2007).published
- In Re Green, 310 B.R. 772 (Bankr. M.D. Fla. 2004).published
- Alcove Inv., Inc. v. Conceicao (In Re Conceicao), 331 B.R. 885 (B.A.P. 9th Cir. 2005).published
- Motley v. Equity Title Co. (In Re Motley), 268 B.R. 237 (Bankr. C.D. Cal. 2001).published
- In Re Aznoe Agribiz, Inc., 416 B.R. 755 (Bankr. D. Mont. 2009).published
- In Re Hartung, 258 B.R. 210 (Bankr. D. Mont. 2000).published
- Campbell v. Countrywide Home Loans, Inc. (In Re Campbell), 361 B.R. 831 (Bankr. S.D. Tex. 2007).published
- In Re Musaelian, 286 B.R. 781 (Bankr. N.D. Cal. 2002).published
- In Re LPM Corp., 253 B.R. 914 (Bankr. S.D. Cal. 2000).published
- Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011).published
- Hill v. Opus Corp., 464 B.R. 361 (C.D. Cal. 2011).published
- In Re Tinkess, 459 B.R. 76 (Bankr. D. Alaska 2008).published
- Cavaretta v. Bixby, No. B243891 (Cal. Ct. App. Sept. 2, 2014).unpublished
- Boardman v. Brenninkmeijer, 763 S.E.2d 267 (Ga. Ct. App. 2014).published
- Johnson v. Matthews, No. 1 CA-CV 15-0369 (Ariz. Ct. App. May 31, 2016).unpublished
- Bmo Harris v. Thruston, No. 1 CA-CV 15-0279 (Ariz. Ct. App. Sept. 22, 2016).unpublished
- In re: Tia Danielle Smith, No. CC-16-1414-FLKu (B.A.P. 9th Cir. Feb. 1, 2018).unpublished
- In re: Lisa Gay Mellem, No. CC-20-1174-KTG (B.A.P. 9th Cir. Feb. 22, 2021).published
- Janusz Kecki v. Texas Enter., LLC, No. 2017-0892-MTZ (Del. Ch. July 30, 2021).published
- Fuchs v. Perrillo, 40 F. App'x 605 (9th Cir. 2002).unpublished
- Burgess v. California, 128 F. App'x 609 (9th Cir. 2005).unpublished
- Barstow v. Ingaldson Maasen & Fitzgerald, P.C. (In re Avery), 461 B.R. 798 (Bankr. D. Alaska 2011).published
- Cini v. Viscomi & Gersh, PLLP (In re Cini), 492 B.R. 291 (Bankr. D. Mont. 2013).published
- Delaware Trust Co. v. Energy Future Intermediate Holding Co. (In re Energy Future Holdings Corp.), 527 B.R. 178 (Bankr. D. Del. 2015).published
- United States Tr. v. Franz (In re Franz), 540 B.R. 765 (Bankr. D. Mont. 2015).published
- Brandon v. Sherwood (In re Sann), 555 B.R. 721 (Bankr. D. Mont. 2016).published
- In Re Josefina Lopez, No. 2:23-cv-04286 (C.D. Cal. Sept. 6, 2023).
- (PS) Martinez v. FP Store, Inc., No. 1:19-cv-00487 (E.D. Cal. Sept. 24, 2019).
- (PS) Gianelli v. Schoenfeld, No. 2:21-cv-00477 (E.D. Cal. Aug. 10, 2022).
- Aerodynamics Inc. v. Caesars Ent. Operating Co., Inc., No. 2:15-cv-01344, 2020 WL 5995488 (D. Nev. Oct. 9, 2020).
- Valentine v. Holmes, III, No. 22-02086 (Bankr. E.D. Cal. Dec. 2, 2022).
- PG&E Corp. v. Fed. Energy Regulatory Comm'n, No. 19-03003 (Bankr. N.D. Cal. June 12, 2019).
- Benny R. Knight, Sr., No. 15-50011 (Bankr. S.D. Miss. Aug. 7, 2023).
- Shirley E. Simon v. 99 Cents Only Stores, LLC, No. 2:23-cv-00379 (D. Nev. July 25, 2024).
- Meta Platforms, Inc. v. Leascend Tech. Co., Ltd., No. 25-4855 (9th Cir. Sept. 4, 2026).unpublished
At page 1079 Considering federal jurisdictional constellation beyond Rooker-Feldman56 citing casesIt is well-settled that the Rooker-Feldman doctrine does not touch the writ of habeas corpus.
- Anderson, No. 6:25-cv-00301 (D. Or. Feb. 2, 2026).(It is well-settled that the Rooker-Feldman doctrine does not touch the writ of habeas corpus.)
- (HC) Poslof v. Attchley, No. 1:21-cv-00339 (E.D. Cal. Nov. 15, 2024).(It is well-settled that the Rooker- 4 Feldman doctrine does not touch the writ of habeas corpus.)
- S-tek 1, LLC, No. 20-12241 (Bankr. D.N.M. Dec. 11, 2020). (In apparent contradiction to the Rooker–Feldman theory, bankruptcy courts are empowered to avoid state judgments, see, e.g., 11 U.S.C. §§ 544 , 547, 548, 549; to modify them, see, e.g., 11 U.S.C. §§ 1129 , 1325; and to…)
- In Re: Charles Edward Lincoln, III, No. 26-10131 (Bankr. D.N.M. June 9, 2026).Ill. 2005) (observing that the automatic stay “is ‘central’ because § 362(a) is considered the primary means by which Congress, through its grant of plenary power, has chosen to centralize the control over and administration of bankruptcy…
- McCoy, No. 2:25-ap-02008 (Bankr. D. Mont. Mar. 24, 2026).(In re Gruntz), 202 F.3d 1074, 1079 (9th Cir. 2000).
- Amanda Lancaster v. Leventhal Lewis Kuhn Taylor Swan, PC, et al., No. 3:25-cv-00108 (D. Alaska Nov. 6, 2025).Mireles, 502 U.S. at 11-12 . 42 Resp. in Opp’n at 5, Docket No. 27. 43 Reply at 4, Docket No. 28. 44 Reply at 4, Docket No. 28 (citing In re Gruntz, 202 F.3d 1074, 1079 (9th Cir. 2000). 45 Because the Court concludes that it lacks jurisdic…
- Bell v. Oama Coronado LLC, No. 3:25-cv-02227 (S.D. Cal. Oct. 8, 2025).In re 7 Gruntz, 202 F.3d 1074, 1079 (9th Cir. 2000); see Richards v. Mercy Hous.
- Doe v. Mann, 415 F.3d 1038 (9th Cir. 2005).published
- In Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin, & Indymac Bank Fsb, in Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin Indymac Bank Fsb, 486 F.3d 510 (9th Cir. 2007).published
- Sherman v. Harbin, 486 F.3d 510 (9th Cir. 2007).published
Show 41 more citing cases
- Sherman v. Harbin, No. 04-56799 (9th Cir. May 7, 2007).published
- In Re: Pamela Knapper, F/k/a Pamela Jones, Pamela Knapper William C. Miller v. Bankers Trust Co., as Tr. for Amresco Residential Sec. Corp, 407 F.3d 573 (3d Cir. 2005).published
- In Re Crown Vantage, Inc., Debtor, Jeffrey H. Beck v. Fort James Corp. Fort James Fiber Co. Fort James Int'l Holdings Ltd. McGuire Woods, Jeffrey H. Beck v. Fort James Corp. Fort James Fiber Co. Fort James Int'l Holdings Ltd. McGuire Woods, & Crown Vantage, Inc., Debtor, 421 F.3d 963 (9th Cir. 2005).published
- Sasson v. Sokoloff, 424 F.3d 864 (9th Cir. 2005).published
- Henrichs v. Valley View Dev., 474 F.3d 609 (9th Cir. 2007).published
- Lehman Com. Paper, Inc. v. Palmdale Hills Prop., LLC (In Re Palmdale Hills Prop., LLC), 423 B.R. 655 (B.A.P. 9th Cir. 2009).published
- In Re Miller, 384 B.R. 622 (Bankr. M.D. Fla. 2008).published
- In Re Weinraub, 361 B.R. 586 (Bankr. S.D. Fla. 2007).published
- Hopkins v. Foothill Mountain, Inc. (In Re Hopkins), 346 B.R. 294 (Bankr. E.D.N.Y. 2006).published
- Blixseth v. Kirschner (In Re Yellowstone Mountain Club, LLC), 436 B.R. 598 (Bankr. D. Mont. 2010).published
- Field v. Trust Est. of Rose Kepoikai (In Re Maui Indus. Loan & Fin. Co.), 454 B.R. 133 (Bankr. D. Haw. 2011).published
- Vazquez v. Reo Props. Corp. (In Re Vazquez), 467 B.R. 550 (Bankr. D.P.R. 2012).published
- Beck v. Fort James Corp. (In Re Crown Vantage, Inc.), 421 F.3d 963 (9th Cir. 2005).published
- Philadelphia Ent. & Dev. Partners, LP v. Commonwealth of Pennsylvania Dep't of Revenue, 879 F.3d 492 (3d Cir. 2018).published
- Carmella C. Minelli Vs. Harrah's Resort Atl. City (l-1509-15, Mercer Cnty. & Statewide), 233 A.3d 588 (N.J. Super. Ct. App. Div. 2020).published
- Edwin Elliott v. Pac. W. Bank, 969 F.3d 1006 (9th Cir. 2020).published
- In Re: Erica Lynn Milton v., No. 19-3766 (3d Cir. Oct. 15, 2020).unpublished
- Williams v. Salven, 52 F. App'x 372 (9th Cir. 2002).unpublished
- In re Long, 564 B.R. 750 (Bankr. S.D. Ala. 2017).published
- (PS) Davis v. California Dep't of Child Support Servs., No. 2:20-cv-01393 (E.D. Cal. Aug. 26, 2020).
- (PS) Spencer v. Sinclair, No. 2:20-cv-01266 (E.D. Cal. Sept. 3, 2020).
- (PS) Conerly v. Winn, No. 2:20-cv-01833 (E.D. Cal. Sept. 16, 2020).
- Schaupp v. Cnty. of Stanislaus, No. 1:20-cv-01221 (E.D. Cal. Sept. 25, 2020).
- Schaupp v. Cnty. of Stanislaus, No. 1:20-cv-01221 (E.D. Cal. Oct. 13, 2020).
- Schaupp v. Cnty. of Stanislaus, No. 1:20-cv-01221 (E.D. Cal. Nov. 19, 2020).
- (PS) Portnoy v. Yolo Cnty. Superior Court, No. 2:20-cv-02486 (E.D. Cal. Dec. 22, 2020).
- (PS)Spencer v. Robie, No. 2:21-cv-00050 (E.D. Cal. Apr. 9, 2021).
- (PS) Spencer v. Sinclair, No. 2:20-cv-01266 (E.D. Cal. Apr. 9, 2021).
- (PS) Shao v. Roberts, No. 2:22-cv-00325 (E.D. Cal. Mar. 30, 2022).
- Schaupp v. Cnty. of Stanislaus, No. 1:22-cv-00849 (E.D. Cal. July 15, 2022).
- (PS) Toplean v. Kirby, No. 2:23-cv-00510 (E.D. Cal. Apr. 24, 2023).
- (PS) Ward v. Cnty. of Sacramento Dept. of Health & Human Servs., No. 2:22-cv-02195 (E.D. Cal. Nov. 21, 2023).
- Glastonbury Landowners Ass'n v. O'Connell, No. 2:20-cv-00019 (D. Mont. Sept. 23, 2020).
- Jeffrey Cogan v. Arnaldo Trabucco, 114 F.4th 1054 (9th Cir. 2024).published
- (PS) Herships v. CA Sup Ct Cnty. of Yolo, No. 2:24-cv-00677 (E.D. Cal. Aug. 26, 2024).
- Mora v. Black Horse Capital Inc., No. 3:25-cv-00017 (S.D. Cal. Jan. 21, 2025).
- (PS) Wu v. Sullivan, No. 2:25-cv-00164 (E.D. Cal. Feb. 13, 2025).
- (PS) Ryan v. Fuentes, No. 2:25-cv-00925 (E.D. Cal. Apr. 29, 2025).
- Abera v. San Diego Pacificvu LLC, No. 3:25-cv-01488 (S.D. Cal. July 25, 2025).
- Abera v. San Diego Pacificvu LLC, No. 3:25-cv-01937 (S.D. Cal. Aug. 18, 2025).
- Eileen Adams v., 151 F.4th 144 (3d Cir. 2025).published
At page 1078 Determining scope of Rooker-Feldman doctrine in bankruptcy48 citing casesestablishing that collateral review of state court proceedings in habeas and bankruptcy cases is not jurisdictionally barred under Rooker-Feldman
- Fowler v. Jenkins (In Re Jenkins), 258 B.R. 251 (Bankr. N.D. Ala. 2001).published Milburn, 218 B.R. at 865-66 ; Crawford, 183 B.R. at 107 ; Berry v. Berry, 1996 WL 684405 , at *1 (D.Conn., Aug. 16, 1995) (upholding state court determination debt was discharged under § 523(a)(15)); Odom v. Columbia Univ., 906 F.Supp. 188…
- Hamilton v. Herr, 540 F.3d 367 (6th Cir. 2008).published Although the Ninth Circuit was discussing the effect of an automatic stay and not a discharge, the Ninth Circuit was focused on the injunctive nature of the automatic stay, id. at 1082 (“The automatic stay is an injunction issuing from the…
- Church, No. 3:24-cv-00579 (D. Nev. Dec. 30, 2025).(en 26 banc)
- Carmona v. Carmona, 603 F.3d 1041 (9th Cir. 2010).published
- In Re: The Application Of, Arnon Mozes v. Michal Mozes, 239 F.3d 1067 (9th Cir. 2001).published
- S. California Edison Co. v. Loretta M. Lynch Henry M. Duque Richard A. Bilas Carl W. Wood Geoffrey F. Brown, Commissioners of California Pub. Utils. Comm'n, Util. Reform Network, Defendant-Intervenor-Appellant. S. California Edison Co., Reliant Energy Servs., Inc. Mirant Americas Energy Mktg., Lp, Intervenors-Appellants v. Loretta M. Lynch Henry M. Duque Richard A. Bilas Carl W. Wood Geoffrey F. Brown, S. California Edison Co., California Mfrs. & Tech. Assn., Intervenor-Appellant v. Loretta M. Lynch Henry M. Duque Richard A. Bilas Carl W. Wood Geoffrey F. Brown, in Their Off. Capacities as Comm'r of the California Pub. Utils. Comm'n, 307 F.3d 794 (9th Cir. 2002).published
- G.C. & K.B. Investments, Inc., a Louisiana Corp. v. Stuart Wilson Irene Wilson, 326 F.3d 1096 (9th Cir. 2003).published
- Bianchi v. Rylaarsdam, 334 F.3d 895 (9th Cir. 2003).published
- Eric Noel v. Brian C. Hall Sandra A. Hall, Fka Sandra Johnson, & Gabrielle S. Lennartz Herb Weisser Michelle A. Merch., 341 F.3d 1148 (9th Cir. 2003).published
- Kougasian v. TMSL, Inc., 359 F.3d 1136 (9th Cir. 2004).published
Show 33 more citing cases
- Doe v. Mann, 415 F.3d 1038 (9th Cir. 2005).published
- In Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin, & Indymac Bank Fsb, in Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin Indymac Bank Fsb, 486 F.3d 510 (9th Cir. 2007).published
- Carmona v. Carmona, 544 F.3d 988 (9th Cir. 2008).published
- Ruvacalba v. Munoz (In Re Munoz), 287 B.R. 546 (B.A.P. 9th Cir. 2002).published
- In Re Ivani, 308 B.R. 132 (E.D.N.Y. 2004).published
- Mirzai v. Kolbe Foods, Inc. (In Re Mirzai), 271 B.R. 647 (C.D. Cal. 2001).published
- Cain v. Porter, 309 S.W.3d 387 (Mo. Ct. App. 2010).published
- Doe v. Mann, 285 F. Supp. 2d 1229 (N.D. Cal. 2003).published
- Sherman v. Harbin, 486 F.3d 510 (9th Cir. 2007).published
- Sherman v. Harbin, No. 04-56799 (9th Cir. May 7, 2007).published
- Royce Gouveia v. Nolan Espinda, 926 F.3d 1102 (9th Cir. 2019).published
- In re: Shelley Ann Erickson, No. WW-19-1251-FSTa WW-19-1277-FSTa (B.A.P. 9th Cir. May 29, 2020).unpublished
- Enrique Reyes v. Migran Kutnerian, No. 19-60027 (9th Cir. July 8, 2020).unpublished
- S. California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002).published
- In re: John Earl Erickson, No. WW-22-1186-GFB (B.A.P. 9th Cir. Apr. 13, 2023).unpublished
- Tracy L Gamble Pryor v. Michael R Powell, No. 2:19-cv-09010 (C.D. Cal. Jan. 7, 2020).
- Hines v. Wilmington Saving Fund Soc'y FSB, No. 1:18-cv-00456 (D. Haw. May 20, 2020).
- Reyna v. PNC Bank, N.A., No. 1:19-cv-00248, 2020 WL 2309248 (D. Haw. May 8, 2020).
- Shibahara v. State of Oregon, No. 6:23-cv-01272 (D. Or. June 12, 2024).
- John Thymes & Shirley Thymes, No. 2:88-bk-10553 (Bankr. C.D. Cal. Mar. 25, 2020).
- Badax LLC, a Delaware Ltd. Liab. Co., No. 1:19-bk-11718 (Bankr. C.D. Cal. Nov. 1, 2019).
- John Thymes & Shirley Thymes, No. 2:88-bk-10553 (Bankr. C.D. Cal. Nov. 25, 2020).
- Bledsoe III, Tr. v. Flamingo Props., LLC, No. 20-00142 (Bankr. E.D.N.C. Sept. 23, 2021).
- Jadeco Constr. Corp., No. 8-16-71508 (Bankr. E.D.N.Y. July 10, 2019).
- Pryor v. Town of Smithtown, No. 8-18-08013 (Bankr. E.D.N.Y. July 10, 2019).
- Derek Ryan Mask, No. 23-10833 (Bankr. W.D. Okla. Oct. 27, 2023).
- Rinegard-Guirma v. PHH Mortg. Corp., No. 22-03057 (Bankr. D. Or. Mar. 1, 2023).
- In Re: John Erickson v. Jason Wilson-Aguilar, No. 23-60037 (9th Cir. Sept. 24, 2024).unpublished
- Witzke v. Idaho State Bar, 643 F. Supp. 3d 1093 (D. Idaho 2022).published
- In Re: James Zachman v. State of Delaware, No. 23-55099 (9th Cir. Dec. 26, 2024).unpublished
- Stevens v. Lee, No. 2:22-cv-00529 (D. Idaho May 30, 2025).
- In re: Dana Kim Shelton, No. 24-1114 (B.A.P. 9th Cir. June 6, 2025).unpublished
- Ronald Williams v. City of Los Angeles, No. 2:24-cv-08458 (C.D. Cal. Sept. 25, 2025).
At page 1083 Federal court plenary power over bankruptcy stay29 citing casesIn sum, by virtue of the power vested in them by Congress, the federal courts have the final authority to determine the scope and applicability of the automatic stay.
- Byline Bank v. Bank of Am., 2025 IL App (1st) 230927-U.unpublished(In sum, by virtue of the power vested in them by Congress, the federal courts have the final authority to determine the scope and applicability of the automatic stay.)
- Kake Tribal Corp., No. 99-01111 (Bankr. D. Alaska Sept. 19, 2023). (even assuming that the states had concurrent jurisdiction, their judgment would have to defer to the plenary power vested in the federal courts over bankruptcy proceedings)
- Ditech Fin. LLC v. Teal Petals St. Trust, No. 69295 (Nev. Oct. 17, 2016).unpublished([T]he federal courts have the final authority to determine the scope and applicability of the automatic stay.)
- Hopkins v. Plant Insulation Co., 349 B.R. 805 (N.D. Cal. 2006).published (the purpose of this section is not to create jurisdiction in non-bankruptcy courts, but to allow district courts in which the bankruptcy case is filed to adjudicate bankruptcy-related actions in which jurisdiction has…)
- Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.), 300 B.R. 489 (B.A.P. 9th Cir. 2003).published See Gruntz, 202 F.3d at 1081 (“[T]he separation of ‘core’ and ‘non-core’ proceedings ... creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federa…
- In Re Benalcazar, 283 B.R. 514 (Bankr. N.D. Ill. 2002).published ([N]oth-ing [in the federal statute establishing bankruptcy jurisdiction] vest the states with any jurisdiction over a core bankruptcy proceeding, including motions to terminate, annul, or modify the automatic stay.)
- In re Killmer, 501 B.R. 208 (Bankr. S.D.N.Y. 2013).published “indeed, that was precisely the issue in kalb , in which the state was proceeding within its jurisdictional powers as to the subject matter, but in derogation of the federal bankruptcy stay.”
- David R. Christenson, No. 25-33954 (Bankr. D. Minn. Jan. 8, 2026).(finding that even if state courts had concurrent jurisdiction to determine that the stay does not apply, Rooker-Feldman serves no bar on federal courts independently deciding the same issues and that only “the federal 8…)
- Harlan Page Confer & Charlotte Cluff Confer, No. 21-20167 (Bankr. E.D. Cal. June 8, 2021).unpublished
- Sterling Consulting Corp. v. United States, 245 F.3d 1161 (10th Cir. 2001).published
Show 18 more citing cases
- Ebel v. Ebel (In Re Ebel), 139 F. App'x 26 (10th Cir. 2005).unpublished
- In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Mgmt., Debtor. Lon McGhan v. Jason Rutz, 288 F.3d 1172 (9th Cir. 2002).published
- In Re Edwin A. Epstein, Jr. Operating Co., Inc., 314 B.R. 591 (Bankr. S.D. Tex. 2004).published
- California v. PG & E Corp. (In Re Pac. Gas & Elec. Co.), 281 B.R. 1 (Bankr. N.D. Cal. 2002).published
- In Re Clarke, 373 B.R. 769 (Bankr. S.D. Fla. 2006).published
- In Re Jefferson Cnty., Ala., 465 B.R. 243 (Bankr. N.D. Ala. 2012).published
- In re: Inglewood Womans Club, Inc., No. AZ-16-1084-JuLB (B.A.P. 9th Cir. June 7, 2017).unpublished
- In re Jefferson Cnty., 474 B.R. 228 (Bankr. N.D. Ala. 2012).published
- In re Angelo, 480 B.R. 70 (Bankr. D. Mass. 2012).published
- In re City of Detroit, 504 B.R. 97 (Bankr. E.D. Mich. 2013).published
- In re City of Detroit, 504 B.R. 191 (Bankr. E.D. Mich. 2013).published
- McClafferty v. DeWine (In re McClafferty), 571 B.R. 267 (Bankr. N.D. Ohio 2017).published
- Gray v. Nussbeck (In re Gray), 573 B.R. 868 (Bankr. D. Kan. 2017).published
- Grogan v. Renfrow, No. 4:19-cv-00248 (N.D. Okla. July 2, 2019).
- Dean M Harris, No. 2:21-bk-10152 (Bankr. C.D. Cal. Mar. 17, 2021).
- Sharond Hill v. Springfield Hosp. & Emergency Servs. of New England, Inc., 2023 VT 23, 297 A.3d 504.published
- William Curtis Wood, No. 24-11718 (Bankr. S.D.N.Y. May 13, 2025).
- In re: Pamela Lacher, No. 25-1020 (B.A.P. 9th Cir. June 11, 2025).published
At page 1084 Preclusion and state court interference with bankruptcy proceedings20 citing casesstating that the three doctrines would apply to prepetition state court judgments
- In Re Mid-City Parking, Inc., 332 B.R. 798 (Bankr. N.D. Ill. 2005).published But see Gruntz, 202 F.3d at 1081-83 .
- Peyton v. Allison, No. 1:23-cv-00760 (E.D. Cal. Mar. 5, 2024). Id.; see also In re Gruntz, 202 F.3d at 1088 (“Any post-conviction federal remedy lies in the 13 writ of habeas corpus.”)). 14 IV.
- Akhlaghpour v. Orantes, 164 F.4th 1139 (9th Cir. 2026).publishedIn re Gruntz, 202 F.3d 1074, 1084 (9th Cir. 2000).
- In Re Darrel D. Smith, Debtor. Darrel D. Smith v. Edwards & Hale, Ltd., Darrel D. Smith v. John Peter Lee, Ltd., Darrel D. Smith v. Tom Grimmett, John Peter Lee, Ltd., Nancy L. Allf, Edwards & Hale, Ltd., 305 F.3d 1078 (9th Cir. 2002).published
- Yates v. Dist. of Columbia (In Re Yates), 391 B.R. 312 (4th Cir. 2008).unpublished
- In Re B.Y.R.D., 256 B.R. 246 (Bankr. E.D.N.C. 2000).published
- Kekauoha-Alisa v. Ameriquest Mortg. Co. (In Re Kekauoha-Alisa), 394 B.R. 507 (D. Haw. 2008).published
- Bartel v. Walsh (In Re Bartel), 395 B.R. 208 (Bankr. D. Mass. 2008).published
- Warfel v. City of Saratoga (In Re Warfel), 268 B.R. 205 (B.A.P. 9th Cir. 2001).published
- Batt v. Am. Rent-All (In Re Batt), 322 B.R. 776 (Bankr. N.D. Ohio 2005).published
Show 8 more citing cases
- Lesly Gatheright v. Norman Clark, 680 F. App'x 297 (5th Cir. 2017).unpublished
- Smith v. Edwards & Hale, Ltd. (In re Smith), 305 F.3d 1078 (9th Cir. 2002).published
- Shiflett-Kann v. George, 91 F. App'x 579 (9th Cir. 2004).unpublished
- In re Williams, 528 B.R. 814 (Bankr. D. Kan. 2015).published
- Troy Michael Nash & Sarah Ann Nash, No. 2:19-bk-11174 (Bankr. D. Ariz. Oct. 21, 2021).
- Bonilla, No. 19-00403 (Bankr. N.D. Cal. Aug. 15, 2019).
- Rajesh C Patel, No. 16-65074 (Bankr. N.D. Ga. Aug. 19, 2019).
- Peyton v. Allison, No. 24-2102 (9th Cir. June 27, 2025).unpublished
At page 1085 Interpreting the criminal action exception to the automatic stay18 citing casesThe purpose of bankruptcy is to protect those in financial, not moral difficulty,” and the bankruptcy code “reflects [that] philosophy.
- United States v. Donald Wanland, Jr., 830 F.3d 947 (9th Cir. 2016).published(The purpose of bankruptcy is to protect those in financial, not moral difficulty,” and the bankruptcy code “reflects [that] philosophy.)
- Bartel v. Walsh (Bartel), 404 B.R. 584 (B.A.P. 1st Cir. 2009).published (our notion of cooperative federalism caution[s] against interference with ongoing state criminal proceedings)
- In Re Hartung, 258 B.R. 210 (Bankr. D. Mont. 2000).published
- United States v. Williams, 659 F.3d 1223 (9th Cir. 2011).published
- United States v. Colasuonno, 697 F.3d 164 (2d Cir. 2012).published
- Simonini v. Bell, 297 B.R. 169 (4th Cir. 2003).unpublished
- Pickett v. Quinn (In Re Pickett), 321 B.R. 663 (Bankr. D. Vt. 2005).published
- In Re Bibbs, 282 B.R. 876 (Bankr. E.D. Ark. 2002).published
- Gandara v. Bitterroot Rock Prods. (In Re Gandara), 257 B.R. 549 (Bankr. D. Mont. 2000).published
- Womack v. Mays (In Re Womack), 253 B.R. 241 (Bankr. E.D. Ark. 2000).published
Show 8 more citing cases
- Dorsey v. Prokos Check Cashing (In Re Dorsey), 373 B.R. 528 (Bankr. N.D. Ohio 2007).published
- Fidler v. Donahue (In Re Fidler), 442 B.R. 763 (Bankr. D. Nev. 2010).published
- In Re Storozhenko, 459 B.R. 697 (Bankr. E.D. Mich. 2011).published
- In Re Inglewood Woman's Club, Inc., 708 F. App'x 392 (9th Cir. 2017).unpublished
- In re Lengacher, 485 B.R. 380 (Bankr. N.D. Ind. 2012).published
- In re Sori, 513 B.R. 728 (Bankr. N.D. Ill. 2014).published
- Branch v. 30th Dist. Court City of Highland Park (In re Branch), 525 B.R. 388 (Bankr. E.D. Mich. 2015).published
- In Re: Jorden Saldana v. Martha Bronitsky, 122 F.4th 333 (9th Cir. 2024).published
At page 1080 Congress's plenary power over bankruptcy jurisdiction14 citing cases“all matters connected with the bankruptcy estate.”
- Superpumper, Inc. Vs. Leonard, 495 P.3d 101 (Nev. 2021).published See Gruntz, 202 F.3d at 1081 ("[T]he separation of core and 'non-core' proceedings . . . creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federa…
- Est. of Jeremiah Wright, A.W., Rodney Wright, & Ellen Wright v. Cnty. of Stanislaus, Stanislaus Cnty. Sheriff’s Dep't, Jeff Dirske, Colton Dutey, Victor Santoyo, Gurwinder Singh, Javier Gomez, Christopher Gallo, California Forensic Med. Grp., Inc., Wellpath LLC, Wellpath Mgmt., Inc., Sunny Bassi, Irene Garrad, Phajikarn, No. 2:24-cv-02505 (E.D. Cal. Sept. 16, 2026).“District courts have ‘original and 13 exclusive jurisdiction of all cases under title 11.’” In re 14 Gruntz, 202 F.3d 1074, 1080 (9th Cir. 2000) (quoting 28 U.S.C. § 15 1334(a)).
- In re: Patriot Enter. Worldwide, LLC v. Attorney Gen. of New Jersey; In re: Not an LLC, LLC v. Attorney Gen. of New Jersey, No. 26-21300 (Bankr. W.D. Pa. Sept. 9, 2026).Staffing Servs., Inc., 270 F.3d 374, 383 (6th Cir. 2001); Gruntz v. Cty. of Los Angeles (In re Gruntz), 202 F.3d 1074, 1080 (9th Cir. 2000); In re Legacy Beavercreek of Dayton Operating Co., LLC, 678 B.R. 558 , 570 (Bankr. S.D.
- Attorney Gen. of New Jersey v. Patriot Enter. Worldwide, LLC, No. 26-21301 (Bankr. W.D. Pa. Sept. 9, 2026).Staffing Servs., Inc., 270 F.3d 374, 383 (6th Cir. 2001); Gruntz v. Cty. of Los Angeles (In re Gruntz), 202 F.3d 1074, 1080 (9th Cir. 2000); In re Legacy Beavercreek of Dayton Operating Co., LLC, 678 B.R. 558 , 570 (Bankr. S.D.
- In re: City of Cle Elum, No. 25-01128 (Bankr. E.D. Wash. July 14, 2026).Sauce for the goose is sauce for the gander. 52 See, e.g., Bekins, 304 U.S. at 54 ; Hanover Nat’l Bank v. Moyses, 186 U.S. 181, 188 (1902); Gruntz v. Cnty. of Los Angeles (In re Gruntz), 202 F.3d 1074, 1080 (9th Cir. 2000) (en banc); In re…
- Tagaban v. Kake Tribal Corp., No. 24-5717 (9th Cir. Oct. 28, 2025).unpublished See In re Pegasus Gold Corp., 394 F.3d 1189, 1193 (9th Cir. 2005); In re Gruntz, 202 F.3d 1074, 1080-81 (9th Cir. 2000) (en banc) (explaining that “Congress did not have the power to grant jurisdiction to the Article I bankruptcy courts ov…
- New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equip. & Marine, Inc.), 292 F.3d 61 (1st Cir. 2002).published
- In Re Mary Poole, Debtor. Russell A. Brown, Chapter 13 Tr. v. Michael T. Smith, 222 F.3d 618 (9th Cir. 2000).published
- Chang v. Buffington, No. 30259 (Haw. App. June 4, 2010).unpublished
- Yellow Express, LLC v. Dingley (In Re Dingley), 514 B.R. 591 (B.A.P. 9th Cir. 2014).published
Show 4 more citing cases
- In re: Mark Dingley, No. NV-13-1261-KiJuTa (B.A.P. 9th Cir. Aug. 6, 2014).published
- Fantasia v. Diodato, No. 2:22-cv-01335 (D. Ariz. Sept. 19, 2023).
- LIPT SW Fifth Avenue, LLC v. Miller Nash Graham & Dunn LLP, No. 20-03043 (Bankr. D. Or. June 25, 2020).unpublished
- In Re: Anthony Leo Montez, No. 4:25-cv-00031 (D. Ariz. Sept. 4, 2025).
At page 1087 Determining automatic stay applicability to state criminal proceedings15 citing casesThe bankruptcy court’s injunctive power [under § 105(a) ] is not limited by the delineated exceptions to the automatic stay, nor confined to civil proceedings.
- Smith v. Goode (In Re Smith), 301 B.R. 96 (Bankr. M.D. Ga. 2003).published (The bankruptcy court’s injunctive power [under § 105(a) ] is not limited by the delineated exceptions to the automatic stay, nor confined to civil proceedings.)
- Huttlinger, No. 3:25-cv-00558 (D. Nev. Aug. 18, 2026).For authority, 12 Ms. Huttlinger referred to the automatic bankruptcy stay, 11 U.S.C. § 362 (a), and 13 the Ninth Circuit’s opinion in In re Gruntz, 202 F.3d 1074, 1087 (9th Cir. 2000), 14 which holds that bankruptcy courts have the ultima…
- Dan Marius Andreiu v. Janet Reno, Attorney Gen., 223 F.3d 1111 (9th Cir. 2000).published
- Chang v. Buffington, 256 P.3d 694 (Haw. 2011).published
- Hill v. Opus Corp., 464 B.R. 361 (C.D. Cal. 2011).published
- In Re Bibbs, 282 B.R. 876 (Bankr. E.D. Ark. 2002).published
- Dan Marius Andreiu v. John Ashcroft, Attorney Gen., 253 F.3d 477 (9th Cir. 2001).published
- Lockyer v. Mirant Corp., 398 F.3d 1098 (9th Cir. 2005).published
- Dennison v. Davis (In Re Dennison), 321 B.R. 378 (Bankr. D. Conn. 2005).published
- Williams v. Levi (In Re Williams), 323 B.R. 691 (B.A.P. 9th Cir. 2005).published
Show 4 more citing cases
- Pac. Gas & Elec. Co. v. California Pub. Utils. Comm'n (In Re Pac. Gas & Elec. Co.), 263 B.R. 306 (Bankr. N.D. Cal. 2001).published
- In Re the Marriage of Vigil, 255 P.3d 850 (Wash. Ct. App. 2011).published
- Sprague v. Spiegel-Sprague, 105 Cal. App. 4th 215 (Cal. Ct. App. 2003).published
- Harden, No. 2:25-cv-04483 (D. Ariz. June 18, 2026).
At page 1086 Subordination of bankruptcy goals to state criminal prosecution8 citing cases“congress has specifically subordinated the goals of economic rehabilitation and equitable distribution of assets to the states' interest in prosecuting criminals.”
- State v. McWilliams, 2008 MT 59, 178 P.3d 121.published
- United States v. Colasuonno, 697 F.3d 164 (2d Cir. 2012).published
- In re Sori, 513 B.R. 728 (Bankr. N.D. Ill. 2014).published
- Dovell v. the Guernsey Bank, 373 B.R. 533 (S.D. Ohio 2007).published
- In Re Reimann, 436 B.R. 564 (Bankr. E.D. Wis. 2010).published
- United States v. Robinson (In Re Robinson), 764 F.3d 554 (6th Cir. 2014).published
- United States v. Ellen Swenson, 971 F.3d 977 (9th Cir. 2020).published
- United States v. Robinson (In re Robinson), 483 B.R. 147 (Bankr. W.D. Tenn. 2012).published
At page 1088 State court intrusion versus federal bankruptcy power6 citing casesAny post-conviction federal remedy lies in the 13 writ of habeas corpus.
- Peyton v. Allison, No. 1:23-cv-00760 (E.D. Cal. Mar. 5, 2024). (Any post-conviction federal remedy lies in the 13 writ of habeas corpus.)
- Valencia v. Rodriguez ( In re Rodriguez), 374 B.R. 383 (9th Cir. 2007).published “infirm judgments are not entitled to full faith and credit in federal courts.”
- Heghmann v. Indorf (In Re Heghmann), 324 B.R. 415 (B.A.P. 1st Cir. 2005).published “because ... judicial proceedings in violation of the stay are void ab initio, the bankruptcy court is not obligated to extend full faith and credit to such judgments.”
- In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Mgmt., Debtor. Lon McGhan v. Jason Rutz, 288 F.3d 1172 (9th Cir. 2002).published
- In Re Jennings, 306 B.R. 672 (Bankr. D. Or. 2004).published
- In re: David Anthony Jackson, No. 23-1055 (B.A.P. 9th Cir. Nov. 14, 2023).unpublished
At page 1077 Whether state court modification of automatic stay binds federal courts5 citing cases
- Superpumper, Inc. Vs. Leonard, 495 P.3d 101 (Nev. 2021).published See Gruntz, 202 F.3d at 1081 ("[T]he separation of core and 'non-core' proceedings . . . creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federa…
- Lenke v. Tischler (In Re Lenke), 249 B.R. 1 (Bankr. D. Ariz. 2000).published
- Contractors' State License Bd. of California v. Dunbar, 245 F.3d 1058 (9th Cir. 2001).published
- Contractors' State License Bd. of California v. Dunbar (In re Dunbar), 260 F.3d 1058 (9th Cir. 2001).published
- State Bar of Nevada v. Wike, 145 F.4th 1221 (9th Cir. 2025).published
v.
County of Los Angeles; Los Angeles District Attorney, Defendants-Appellees
In this appeal, we consider (1) whether a state court modification of the bankruptcy automatic stay binds federal courts; and (2) whether the automatic stay enjoins a criminal prosecution for the willful failure to pay child support. We hold that federal courts are not bound by state court modifications of the automatic stay, but that the automatic stay does not enjoin state criminal prosecutions.
I
It is not an inspirational tale. A divorce decree obligated Robert Gruntz to pay the relatively modest sum of $300 a month in child support. He failed to do so and ultimately filed a Chapter 13 petition in bankruptcy. Under his confirmed reorganization plan, he was to pay $300 per month as continuing child support, plus $291 a month toward the discharge of an accrued $5,100 in past due child support payments. Gruntz began making the payments to the trustee, but the case was converted to Chapter 11. Accordingly, the Chapter 13 trustee did not disburse the child support payments to Gruntz’s ex-spouse. Frustrated, she took her complaints to the Los Angeles District Attorney, who filed a misdemeanor criminal complaint charging Gruntz with violation of California Penal Code § 270 (failure to support dependent children). A jury convicted Gruntz.
After conviction, Gruntz filed an adversary complaint against the County of Los Angeles (“County”) in bankruptcy court and sought a temporary restraining order to prevent the state court from proceeding with sentencing. The bankruptcy court declined the invitation to restrain the state proceedings, and Gruntz received a sentence of 360 days in jail. The California Court of Appeal affirmed his conviction. See People v. Gruntz, 29 Cal.App.4th 412, 35 Cal.Rptr.2d 55 (1994). While Gruntz’s criminal appeal was pending, he suffered a second conviction for violating California Penal Code § 270 and was also convicted for violating California Penal Code § 166.4 (failure to obey a state court order).
Subsequently, Gruntz filed the instant adversary proceeding against the County in bankruptcy court, requesting the court to declare the state criminal proceedings void as violative of the automatic stay imposed under 11 U.S.C. § 362. The bankruptcy court dismissed the complaint as collaterally estopped by the state judgment. On appeal, the district court af[*1078] firmed the dismissal on the basis of the Rooker-Feldman doctrine. [1]
A divided three-judge panel of this court reversed, holding that the Rooker-Feld-man doctrine did not preclude the bankruptcy court from determining whether the conviction was void because the criminal proceedings violated the automatic stay. See Gruntz v. County of Los Angeles, 177 F.3d 728 (9th Cir.1999). We vacated the panel’s decision and agreed to rehear the appeal en banc.
II
Because Rooker-Feldman arises from federal jurisdictional statutes, the threshold question is whether the doctrine allows federal courts to entertain these adversary proceedings at all. In this appeal, the County contends that the state court’s judgment included a determination that the automatic stay did not enjoin the state criminal proceedings. Therefore, the County reasons, if a state court has concluded that the bankruptcy automatic stay does not apply, the resulting state judgment divests federal courts of jurisdiction to consider that question. Deciding whether the Rooker-Feldman doctrine has such an effect is not a simple matter and requires an examination of the federal district court’s general, bankruptcy, and ha-beas corpus jurisdiction.
At its core, the Rooker-Feldman doctrine stands for the unremarkable proposition that federal district courts are courts of original, not appellate, jurisdiction. See 28 U.S.C. §§ 1381, 1332. Thus, it follows that federal district courts have “no authority to review the final determinations of a state court in judicial proceedings.” Worldwide Church of God v. McNair, 805 F.2d 888, 890 (9th Cir.1986). Direct federal appellate review of state court decisions must occur, if at all, in the Supreme Court. See 28 U.S.C. § 1257.
Rooker-Feldman is not a constitutional doctrine. Rather, the doctrine arises out of a pair of negative inferences drawn from two statutes: 28 U^.C. § 1331, which establishes the district court’s “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States”; and 28 U.S.C. § 1257, which allows Supreme Court review of “[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had.” [2]
Rooker itself relied upon “the legislation of Congress,” namely the predecessors of these statutes in the Judicial Code. See Rooker, 263 U.S. at 416, 44 S.Ct. 149 (con[*1079] struing Judicial Code, § 287, ch. 448, § 2, 39 Stat. 726 (1916)) (current version at 28 U.S.C. § 1257 (1988)), and Judicial Code, § 24, ch. 231, § 24, 36 Stat. 1091 (1911) (current version at 28 U.S.C. § 1331 (1980)); see also Feldman, 460 U.S. at 476, 103 S.Ct. 1303 (construing 28 U.S.C. § 1257); cf. ASARCO Inc. v. Radish, 490 U.S. 605, 622, 109 S.Ct. 2037, 104 L.Ed.2d 696 (1989) (“The Rooker-Feldman doctrine interprets 28 U.S.C. § 1257 as ordinarily barring direct review in the lower federal courts of a decision reached by the highest state court.... ”). Since Feldman, the Supreme Court has declined opportunities to extend, or even apply, the doctrine. [3]
Of course, the statutes that form the basis of the Rooker-Feldman doctrine coexist among other federal jurisdictional laws. To derive a coherent theory of federal jurisdiction, one must consider the entire federal jurisdictional constellation. In this case, aside from the statutes of general jurisdiction, two other fixed jurisdictional stars draw our attention: the fed-' eral law of habeas corpus and bankruptcy.
It is well-settled that the Rooker-Feldman doctrine does not touch the writ of habeas corpus. See Plyler v. Moore, 129 F.3d 728, 732 (4th Cir.1997); Ritter v. Ross, 992 F.2d 750, 753 (7th Cir.1993); Blake v. Papadakos, 953 F.2d 68, 71 n. 2 (3d Cir.1992). Indeed, federal habeas-corpus law turns Rooker-Feldman on its head. Rather than leaving state court judgments undisturbed, it provides expressly for federal collateral review of final state court judgments, see, e.g., 28 U.S.C. § 2254, and requires exhaustion of state remedies as a precondition for federal relief, see 28 U.S.C. § 2254(b)(1)(A). As we shall discuss when examining the merits of this appeal, through the statutory writ of habeas corpus Congress has created a comprehensive system of federal collateral review of state court criminal judgments. Thus, habeas corpus is not an “exception” to Rooker-Feldman, but a procedure with roots in statutory jurisdiction parallel to- and in no way precluded by-the doctrine.
So, too, it is with bankruptcy law. In apparent contradiction to the Rooker-Feldman theory, bankruptcy courts are empowered to avoid state judgments, see, e.g., 11 U.S.C. §§ 544, 547, 548, 549; to modify them, see, e.g., 11 U.S.C. §§ 1129, 1325; and to discharge them, see, e.g., 11 U.S.C. §§ 727, 1141, 1328. By statute, a post-petition state judgment is not binding on the bankruptcy court to establish the amount of a debt for bankruptcy purposes. See 11 U.S.C. § 109(e); Slack v. Wilshire Ins. Co. (In re Slack), 187 F.3d 1070, 1073 (9th Cir.1999), as amended 1999 WL 694990 (Sept. 9, 1999).
Thus, final judgments in state courts are not necessarily preclusive in United States bankruptcy courts. Indeed, the rule has long stood that “[a] state court judgment entered in a case that falls within the federal courts’ exclusive jurisdiction is subject to collateral attack in the federal courts.” Gonzales v. Parks (In re Gonzales), 830 F.2d 1033, 1036 (9th Cir.1987). The United States Supreme Court explained in Kalb v. Feuerstein, 308 U.S. 433, 438-39, 60 S.Ct. 343, 84 L.Ed. 370 (1940):
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 at[*1080] tack. But Congress, because its power over the subject of bankruptcy 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-
As Representative Kastenmeier further noted in discussing the Bankruptcy Code:
State law rights arising in core bankruptcy proceedings are functionally equivalent to congressionally created rights, because Congress has the power to modify State law rights in bankruptcy proceedings. Unlike the States, Congress may impair the obligation of contracts through the bankruptcy clause. Indeed, the very purpose of bankruptcy is to modify the rights of debtors and creditors, and the bankruptcy code authorizes the bankruptcy court to abrogate or modify State-created obligations in many ways.
130 Cong. Rec. HI 110 (daily ed. Mar. 20, 1984).
Congress’s plenary power over bankruptcy derives from the constitutional imperative “[t]o establish ... uniform Laws on the subject of Bankruptcies throughout the United States.” U.S. Const., Art. I, § 8. “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.” Kalb, 308 U.S. at 439, 60 S.Ct. 343. In furtherance of this charge, jurisdiction and authority over bankruptcies has been vested, from the beginning of the Republic, in the federal district courts. See, e.g., Bankruptcy Act of 1800, § 2, 2 Stat. 19, 21; Bankruptcy Act of 1841, § 6, 5 Stat. 440, 445; Bankruptcy Act of 1867, § 1, 14 Stat. 517, 517; Bankruptcy Act of 1898, § 2, 30 Stat. 544, 545.
The current bankruptcy jurisdictional statute, 28 U.S.C. § 1334, expands the historic role of the federal district courts in bankruptcy. [4] District courts have “original and exclusive jurisdiction of all cases under title 11.” 28 U.S.C. § 1334(a) (emphasis added). By the plain wording of the statute, Congress has expressed its intent that bankruptcy matters be handled exclusively in a federal forum. See MSR Exploration, Ltd. v. Meridian Oil, Inc., 74 F.3d 910, 913 (9th Cir.1996). In short, “ ‘Congress intended to grant comprehensive jurisdiction to the bankruptcy courts so that they might deal efficiently and expeditiously with all matters connected with the bankruptcy estate.’ ” Celotex Corp. v. Edwards, 514 U.S. 300, 308, 115 S.Ct. 1493, 131 L.Ed.2d 403 (1995) (quoting Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984)).
Not all matters related to bankruptcies fall within the orbit of those subject to federal plenary power. In this respect, the distinctions made between “core” and “non-core” proceedings in the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.L. No. 98-353, 98 Stat. 340, are instructive. The 1984 Act was passed, in part, in response to Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 71, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), which distinguished between the “restructuring of debtor-creditor relations, which is at the core of the federal bankruptcy power,” and “the adjudication of state-created private rights.” As to the latter function, the Court held that Congress did not have the power to grant jurisdiction to the Article I bankruptcy courts over proceedings related to a bankruptcy case involving rights “created by state law” and “independent of and antecedent to the reorganization petition[*1081] that conferred jurisdiction upon the Bankruptcy Court.” Id. at 84, 102 S.Ct. 2858. However, as to the former, the Court noted that “[o]f course, bankruptcy adjudications themselves, as well as the manner in which the rights of debtors and creditors are adjusted are matters of federal law.” Id. at 84 n. 36, 102 S.Ct. 2858.
Thereafter, Congress defined and distinguished “core” and “non-core” proceedings in the 1984 Act. See 28 U.S.C. § 157. [5] In general, a “core proceeding” in bankruptcy is one that “invokes a substantive right provided by title 11 or ... a proceeding that, by its nature, could arise only in the context of a bankruptcy case.” Wood v. Wood (In re Wood), 825 F.2d 90, 97 (5th Cir.1987). “Non-core proceedings” are those not integral to the restructuring of debtor-creditor relations and not involving a cause of action arising under title 11. See Windsor Communications Group, Inc. v. Grant (In re Windsor Communications Group), 75 B.R. 713, 721 (E.D.Pa.1985). Under the 1984 Act, bankruptcy judges may hear and decide core proceedings. See 28 U.S.C. § 157(b)(1). However, bankruptcy judges may only propose findings of fact and conclusions of law to federal district courts as to non-core proceedings related to a case under title 11. See 28 U.S.C. § 157(c)(1). Thus, the separation of “core” and “non-core” proceedings in the 1984 Act creates a distinction between those judicial acts deriving from the plenary Article I bankruptcy power and those subject to general Article III federal court jurisdiction.
Central to the bankruptcy “case” as to which exclusive Article I federal jurisdiction lies is the automatic stay imposed by 11 U.S.C. § 362(a). Congress has declared that actions to “terminate, annul, or modify” the automatic stay are core bankruptcy proceedings. 28 U.S.C. § 157(b)(2)(G). The “automatic stay gives the bankruptcy court an opportunity to harmonize the interests of both debtor and creditors while preserving the debtor’s assets for repayment and reorganization of his or her obligations.” MacDonald v. MacDonald (In re MacDonald), 755 F.2d 715, 717 (9th Cir.1985). By halting all collection efforts, the stay affords the debt- or time to propose a reorganization plan, or simply “to be relieved of the financial pressures that drove him into bankruptcy.” Benedor Corp. v. Conejo Enters., Inc. (In re Conejo Enters.), 96 F.3d 346, 351 (9th Cir.1996) (quoting S.Rep. No. 95-989, at 54-55 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5840-41). The automatic stay also “assures creditors that the debtor’s other creditors are not racing to various courthouses to pursue independent remedies to drain the debtor’s assets.” Dean v. Trans World Airlines, Inc., 72 F.3d 754, 755-56 (9th Cir.1995); see also H.R.Rep. No. 95-595, at 340, reprinted in part in 1978 U.S.C.C.A.N. 5787, 6297.
The automatic stay is self-executing, effective upon the filing of the bankruptcy petition. See 11 U.S.C. § 362(a); The Minoco Group of Companies v. First State Underwriters Agency of New England Reinsurance Corp. (In re The Minoco Group of Companies), 799 F.2d 517, 520 (9th Cir.1986). The automatic stay sweeps broadly, enjoining the commencement or continuation of any judicial, administrative, or other proceedings against the debtor, enforcement of prior judgments, perfection of liens, and “any act to collect, assess or recover a claim against the debtor that[*1082] arose before the commencement of the case.” 11 U.S.C. § 362(a)(6).
The automatic stay is an injunction issuing from the authority of the bankruptcy court, and bankruptcy court orders are not subject to collateral attack in other courts. See Celotex Corp., 514 U.S. at 313, 115 S.Ct. 1493. That is so not only because of the “comprehensive jurisdiction” vested in the bankruptcy courts, see id. at 308, 115 S.Ct. 1493, but also because “ ‘persons subject to an injunctive order issued by a court with jurisdiction are expected to obey that decree until it is modified or reversed, even if they have proper grounds to object to the order.’” Id. at 306, 115 S.Ct. 1493 (quoting GTE Sylvania, Inc. v. Consumers Union of United States, Inc., 445 U.S. 375, 386, 100 S.Ct. 1194, 63 L.Ed.2d 467 (1980)). In this case, as in most bankruptcy cases, the bankruptcy court notified the creditors, including the complaining witness in the criminal proceedings, of the applicability of the stay.
Any state court modification of the automatic stay would constitute an unauthorized infringement upon the bankruptcy court’s jurisdiction to enforce the stay. “While Congress has seen fit to authorize courts of the United States to restrain state-court proceedings in some special circumstances,” such as the automatic stay, “it has in no way relaxed the old and well-established judicially declared rule that state courts are completely without power to restrain federal-court proceedings in in personam actions.” Donovan v. City of Dallas, 377 U.S. 408, 412-13, 84 S.Ct. 1579, 12 L.Ed.2d 409 (1964) (footnote omitted). Although Donovan discussed this rule as applied to in personam actions, its holding applies even more strongly to federal in rem proceedings under the Bankruptcy Code, in which a “federal court having custody of such property has exclusive jurisdiction to proceed.” Id. at 412, 84 S.Ct. 1579; see also Hong Kong & Shanghai Banking Corp. v. Simon (In re Simon), 153 F.3d 991, 996 (9th Cir.1998).
For these reasons, actions taken in violation of the automatic stay are void. See Schwartz v. United States (In re Schwartz), 954 F.2d 569, 571 (9th Cir.1992). Further, “[jjudicial proceedings in violation of th[e] automatic stay are void.” Phoenix Bond & Indemnity Co. v. Shamblin (In re Shamblin), 890 F.2d 123, 125 (9th Cir.1989) (emphasis added). [6] As the Supreme Court explained in Kalb, discussing the weaker predecessor statute to 11 U.S.C. § 362(a), “[bjecause that State court had been deprived of all jurisdiction or power to proceed with the foreclosure, [all acts in aid of colleetion]-to the extent based upon the court’s actions-were all without authority of law.” Kalb, 308 U.S. at 443, 60 S.Ct. 343. We reached a similar conclusion in Noli v. Commissioner of Internal Revenue, 860 F.2d 1521 (9th Cir.1988), reasoning that, “because only an order of the bankruptcy court can authorize any further progress in the stayed proceedings, it follows that the continuation of the [stayed] proceeding can derive legitimacy only from the bankruptcy court order.” Id. at 1525 (quoting Casperone v. Landmark Oil & Gas Corp., 819 F.2d 112, 114 (5th Cir.1987)).
Because of the bankruptcy court’s plenary power over core proceedings, the County’s argument that states have concurrent jurisdiction over the automatic stay under[*1083] 28 U.S.C. § 1334(b) is unavailing. That section provides that the district courts “have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to a case under title 11.” Of course, nothing in that section vests the states with any jurisdiction over a core bankruptcy proceeding, including “motions to terminate, annul, or modify the automatic stay.” 28 U.S.C. § 157(b)(2)(G). The only grant of jurisdiction to do so involves the exercise of federal bankruptcy power. Indeed, the purpose of this section is not to create jurisdiction in non-bankruptcy courts, but to allow district courts in which the bankruptcy case is filed to adjudicate bankruptcy-related actions in which jurisdiction has been vested in other courts. See 1 Collier on Bankruptcy ¶ 3.01 [4], at 3-14, 3-15 (15th ed.1999).
However, even assuming that the states had concurrent jurisdiction, their judgment would have to defer to the plenary power vested in the federal courts over bankruptcy proceedings. Indeed, that was precisely the issue in Kalb, in which the state was proceeding within its jurisdictional powers as to the subject matter, but in derogation of the federal bankruptcy stay. “A Congressional grant of exclusive jurisdiction to the federal courts includes the implied power to protect that grant.” Gonzales, 830 F.2d at 1036.
In sum, by virtue of the power vested in them by Congress, the federal courts have the final authority to determine the scope and applicability of the automatic stay. [7] “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, 308 U.S. at 439, 60 S.Ct. 343. Thus, the Rooker-Feldman doctrine is not implicated by collateral challenges to the automatic stay in bankruptcy. [8] A bankruptcy court simply does not conduct an improper appellate review of a state court when it enforces an automatic stay that issues from its own federal statutory authority. In fact, a reverse Rooker-Feldman situation is presented when state courts decide to proceed in derogation of the stay, because it is the state court which is attempting impermissibly to modify the federal court’s injunction.
The rule urged by the County would undermine the principle of a unified federal bankruptcy system, as declared in the Constitution and realized through the Bankruptcy Code. If state courts were empowered to issue binding judgments modifying the federal injunction created by the automatic stay, creditors would be free to[*1084] rush into friendly courthouses around the nation to garner favorable relief. The bankruptcy court would then be stripped of its ability to distribute the debtor’s assets equitably, or to allow the debtor to reorganize financial affairs. “Such an exercise of authority would be inconsistent with and subvert the exclusive jurisdiction of the federal courts by allowing state courts to create their own standards as to when persons may properly seek relief in cases Congress has specifically precluded those courts from adjudicating.” Gonzales, 830 F.2d at 1035. It is but slight hyperbole to say that chaos would reign in such a system.
This is not to say that the Rook-er-Feldman doctrine or the related concepts of res judicata and collateral estoppel are wholly inapplicable in bankruptcy law. Preclusive effect is often extended to prepetition state judgments as to identical issues raised in subsequent bankruptcy proceedings. See, e.g., Grogan v. Garner, 498 U.S. 279, 284, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991); Gayden v. Nourbakhsh (In re Nourbakhsh), 67 F.3d 798, 801 (9th Cir.1995). When the bankruptcy court has lifted the stay, federal courts have given subsequent state decisions full faith and credit, “as they have by law or usage in the courts of such State.” 28 U.S.C. § 1738; see Gajkowski, 888 F.2d at 299 (holding that, once the stay was lifted, the state court was free to proceed and its decision on the merits was binding on the bankruptcy court, but noting that the proceedings would have been void if bankruptcy court consent had not been obtained). In non-core proceedings that do not implicate substantive rights granted under title 11 or affect the administration of the bankruptcy case, the normal rules of preclusion, including the Rooker-Feldman doctrine, apply.
However, modifying the automatic stay is not the act of a state court merely interpreting federal law; it is an intervention in the operation of an ongoing federal bankruptcy case, the administration of which is vested exclusively in the bankruptcy court. Rooker-Feldman does not allow a state court to interfere with the core administrative functions of an operative bankruptcy. Just as federal district courts are not part of the state appellate system, neither are state courts granted supervisory or appellate jurisdiction over federal courts. Thus, Rooker-Feldman does not nullify federal courts’ authority to enforce the automatic stay, nor does it strip us of jurisdiction to entertain this appeal.
Ill
Having concluded that the final decision concerning the applicability of the automatic stay must rest with the federal courts, we proceed to the merits of whether the stay applied to the criminal prosecution of Gruntz. [9] In examining this question, we turn to the other side of the jurisdictional coin: the proper role of federal bankruptcy courts, if any, in state criminal proceedings.
We maintain the “deep conviction that federal bankruptcy courts should not invalidate the results of state criminal proceedings.” Kelly v. Robinson, 479 U.S. 36, 47, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986). This rule reflects a “fundamental policy against federal interference with state criminal prosecutions.” Younger v. Harris, 401 U.S. 37, 46, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). It also recognizes that “[t]he right to formulate and enforce penal sanctions is an important aspect of the sovereignty retained by the States.” Kelly, 479 U.S. at 47, 107 S.Ct. 353.
With that philosophy in mind, we begin with an analysis of the statute. Although the automatic stay is extremely broad in scope, there are a number of statutory exceptions. Relevant to our case is the[*1085] exception provided in 11 U.S.C. § 362(b)(1), which 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 does not operate as a stay—
(1) under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor[.]
This exception would seem to end the argument because, under its plain wording, the automatic stay would not apply to the criminal action initiated against Gruntz. However, Gruntz claims that the purpose of the criminal actions against him is debt collection, thus falling within the protection afforded by Hucke v. Oregon, 992 F.2d 950 (9th Cir.1993). Hucke held that, if a criminal proceeding has the collection of a debt as its underlying aim, then the automatic stay imposed by 11 U.S.C. § 362(a)(6) would apply and the criminal action would be enjoined. See id. at 953. This is in accordance with the views of several commentators, who regard the exception contained in § 362(b)(1) as being limited to those proceedings “brought for the purpose of enforcing the criminal law.” See, e.g., 3 Collier on Bankruptcy 362-48 (15th ed.1999). [10]
Although Hucke was well within the mainstream of thought at the time, it is time to reexamine it. [11] Other circuits have declined to follow our lead and, as this case demonstrates, it is a doctrine difficult to apply in practice. Most importantly, it is at odds with the plain words of the statute. Quite simply, the Bankruptcy Code declares that § 362 does not stay “the commencement or continuation of a criminal action or proceeding against the debtor.” On its face, it does not provide any exception for prosecutorial purpose or bad faith. If the statutory command of the Bankruptcy Code is clear, we need look no further: it must be enforced according to its terms. See United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989). Indeed, to do otherwise would insert phrases and concepts into the statute that simply are not there.
Interpreting § 362(b)(1) as rendering the automatic stay as inapplicable to all criminal proceedings is consistent with “the provisions of the whole law, and to its object and policy.” Kelly, 479 U.S. at 43, 107 S.Ct. 353. Not only does our notion of cooperative federalism caution against interference with ongoing state criminal proceedings, but the theory of bankruptcy law does as well. “The purpose of bankruptcy is to protect those in financial, not moral, difficulty.” Barnette v. Evans, 673 F.2d 1250, 1251 (11th Cir.1982). The Bankruptcy Code reflects this philosophy. Although most state civil actions are subject to removal to bankruptcy courts, actions brought pursuant to a government’s police powers are not. See 28 U.S.C. § 1452. Federal bankruptcy original, but non-exclusive, jurisdiction is limited to “civil proceedings.” 28 U.S.C. § 1334(b) (emphasis added).
Gruntz contends that the purpose of bankruptcy would be thwarted if a criminal prosecution were allowed as a means of debt collection for dissatisfied creditors. However, there is “no rationale or justification for severing economic and noneco-nomic ramifications of the debtor’s crimi[*1086] nal conduct.” 3 Collier on Bankruptcy 362-48 (15th ed.1999). Further, in the case of the automatic stay, Congress has specifically subordinated the goals of economic rehabilitation and equitable distribution of assets to the states’ interest in prosecuting criminals. The State of California has chosen to criminalize a parent’s failure to support a dependent child. See CaLPenal Code § 270. That is a judgment reserved to the state; it is not for the bankruptcy court to disrupt that sovereign determination because it discerns an economic motive behind the criminal statute or its enforcement. In the automatic stay exception, Congress clearly has instructed federal courts not to allow bankruptcy proceedings to impede such an exercise of state police powers. [12]
Further, any criminal prosecution of the debtor is on behalf of all the citizens of the state, not on behalf of the creditor. See Davis v. Sheldon (In re Davis), 691 F.2d 176, 178-79 (3d Cir.1982). Once the state has made an independent decision to file criminal charges, the prosecution belongs to the government, not to the complaining witness. We cannot, and should not, “require a prosecutor to conduct a searching inquiry into the public spirit of the victim of a crime before proceeding with what appears to be an otherwise valid criminal prosecution.” Id. at 179. [13] “In our system, so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Bordenkircher v. Hayes, 434 U.S. 357, 364, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978). As the Supreme Court noted in Wayte v. United States, 470 U.S. 598, 607, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985), “[tjhis broad discretion rests largely on the recognition that the decision to prosecute is particularly ill-suited to judicial review.” This admonition applies with special force to federal enjoinment of state criminal actions, such as that urged by Gruntz, because the stay would interdict state prosecution at its inception, based upon a bankruptcy court’s surmise of the prosecutor’s “true” motives.
There is, of course, a federal remedy for state court convictions obtained in violation of Constitution or statute: a writ of habeas corpus. See, e.g. 28 U.S.C. §§ 2241, 2254. The federal habeas corpus statute was “explicitly and historically designed to provide the means for a state prisoner to attack the validity of his confinement.” Preiser v. Rodriguez, 411 U.S. 475, 489, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). An adversary proceeding in bankruptcy is not. [14] Indeed, the Supreme[*1087] Court rejected a similar attempt to propagate additional avenues of federal relief for state prisoners in Preiser, holding that,
when a state prisoner is challenging the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to immediate or speedier release ... his sole federal remedy is a writ of habeas corpus.
Congress has provided for a comprehensive legislative scheme to provide state prisoners a post-conviction federal remedy to challenge their confinement. Any alternative relief that one might conjure from the general provisions of bankruptcy law must yield to specific habeas remedy that Congress created. Cf. id. at 490, 93 S.Ct. 1827 (noting that the § 1983 actions could not be employed to replace a true habeas remedy).
There also is a procedural avenue to forfend state actions that are not subject to the automatic stay but that threaten the bankruptcy estate: a request for an injunction under 11 U.S.C. § 105. The bankruptcy court’s injunctive power is not limited by the delineated exceptions to the automatic stay, nor confined to civil proceedings. [15] However, the only fair reading of the Bankruptcy Code is that Congress did not intend the § 362(a) stay to enjoin all state criminal proceedings automatically. “The bankruptcy courts were not created as a haven for criminals.” Barnette, 673 F.2d at 1251. The fresh start afforded debtors in bankruptcy does not include release from jail.
In the end, this is not a chronicle of creditor and debtor, but of crime and punishment. Gruntz was lawfully prosecuted, convicted, and ordered to be incarcerated. As a matter of law, the automatic stay did not apply to prevent this course of events. The words of the statute mean what they say: all criminal proceedings, including those to which Gruntz was subject, are excepted from the reach of the automatic stay. Thus, unless a specific § 105 injunction applies, state trial courts need not seek bankruptcy court approval before commencing criminal proceedings. To the extent that it conflicts with this interpretation of 11 U.S.C. § 362(b)(1), Hucke is overruled.
IV
In sum, bankruptcy courts have the ultimate authority to determine the scope of the automatic stay imposed by 11 U.S.C. § 362(a), subject to federal appellate review. A state court does not have the power to modify or dissolve the automatic stay. Accordingly, the Rooker-Feldman doctrine does not render a state court judgment modifying the automatic stay binding on a bankruptcy court. Thus, if it proceeds without obtaining bankruptcy court permission, a state court risks having its final judgment declared void. In this case, the state court proceeded properly because the automatic stay does not apply to enjoin state criminal actions, even if the prosecution is motivated by the complaining witness’s desire to collect a debt.
The veneer of this case suggested jurisdictional discord among the bankruptcy, federal habeas corpus and state court criminal systems; in reality, there is harmony. “Federalism in this nation relies in large part on the proper functioning of two separate court systems.” Davis, 691 F.2d at 179. In turn, the operation of each system depends on freedom from unwarranted interference by the other. State criminal prosecutions should commence and continue unimpeded by the federal[*1088] bankruptcy courts. On the other hand, state courts should not intrude upon the plenary power of the federal courts in administering bankruptcy cases by attempting to modify or extinguish federal court orders such as the automatic stay.
We also find concinnity among the relevant federal jurisdictional statutes. Congress established separate, but complementary, comprehensive statutory schemes governing federal habeas corpus and bankruptcy law. Rooker-Feldman, derived from the laws of general jurisdiction, does not supplant specific bankruptcy or habeas corpus jurisdiction.
Although the Rooker-Feldman doctrine does not apply in this instance, the result is consistent with its philosophy of respect for state court decisions. Twice the State of California has elected to prosecute Mr. Gruntz, twice he has been convicted, and twice the state’s courts have duly sentenced him to a prison term. It is not the proper function of the bankruptcy court to disturb those decisions. Any post-conviction federal remedy lies in the writ of habeas corpus. Thus, both the bankruptcy court and the federal district court correctly concluded that the automatic stay did not void the state criminal judgments. We agree, albeit for different reasons.
AFFIRMED
. The doctrine takes its name from Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). Rooker held that federal statutory jurisdiction over direct appeals from state courts lies exclusively in the Supreme Court and is beyond the original jurisdiction of federal district courts. See 263 U.S. at 415-16, 44 S.Ct. 149. Feldman held that this jurisdictional bar extends to particular claims that are “inextricably intertwined” with those a state court has already decided. See 460 U.S. at 486-87, 103 S.Ct. 1303.
. The history of § 1331 elucidates the statutory, nonconstitutional dimension of the Rook-er-Feldman doctrine’s respect for state court resolution of federal questions. In the Republic's first century, aside from a year of general jurisdiction during the 1801 "Midnight Judges" episode, Congress chose to leave most federal questions to state courts. See, e.g., Judiciary Act of 1789, § 9, 1 Stat. 73, 77. Following the Civil War, however, Congress granted the federal courts concurrent civil jurisdiction, subject to a $500 amount-in-controversy requirement, coextensive with the Article III, § 2 power over all cases "arising under the Constitution or laws of the United States.” Judiciary Act of 1875, § 1, 18 Stat. 470. After a century of minor revisions to the federal district courts' original jurisdiction, Congress eliminated the jurisdictional amount, creating today’s 28 U.S.C. § 1331. See Act of Dec. 1, 1980, Pub.L. No. 96-486, § 2(a), 94 Stat. 2369. Similarly, § 1257 reflects Congress’s choice to minimize federal clashes with state courts and its judgment that only the Supreme Court "had sufficient dignity to make federal review of state courts reasonably palatable.” David P. Currie, Res Judicata: The Neglected Defense, 45 U. Chi. L.Rev. 317, 323 (1978).
. In Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 107 S.Ct. 1519, 95 L.Ed.2d 1 (1987), in which the Court required Younger abstention by federal courts pending resolution of the issue by state courts, five Justices expressly refused to apply Rooker-Feldman to a federal cause arising from state proceedings. See id. at 18, 107 S.Ct. 1519 (Scalia, J., joined by O'Connor, J., concurring); id. at 21, 107 S.Ct. 1519 (Brennan, J., concurring); id. at 28, 107 S.Ct. 1519 (Blackmun, J., concurring); id. at 31 n. 3, 107 S.Ct. 1519 (Stevens, J., concurring). More recently, the Court held Rooker-Feldman inapplicable to federal cases involving parties other than those before the state court, terming it an "abstention doctrine, under which a party losing in state court is barred from seeking what in substance would be appellate review of the state judgment in a United States district court.” Johnson v. De Grandy, 512 U.S. 997, 1005-06, 114 S.Ct. 2647, 129 L.Ed.2d 775 (1994).
. By the powers afforded them under 28 U.S.C. § 157(a), district courts may refer cases and proceedings under title 11 to the bankruptcy courts, which are “unit[s] of the district court” pursuant to 28 U.S.C. § 151. All districts currently automatically refer bankruptcy cases to bankruptcy courts by local rule, as it was in this instance by C.D. Cal. Gen. Order 266 (Oct. 9, 1984) (since amended by Gen. Order 266-A (Feb. 13, 1995)).
. A non-exclusive list of "core” bankruptcy proceedings, set forth in 28 U.S.C. § 157(b), includes, among others: "matters concerning the administration of the estate”; "allowance or disallowance of claims against the estate”; "orders to turn over property of the estate”; "motions to terminate, annul, or modify the automatic stay”; "proceedings to determine, avoid, or recover fraudulent conveyances”; "determinations as to the dischargeability of particular debts”; "orders approving the sale of property”; and "other proceedings affecting the liquidation of the assets of the estate or the adjustment of the debtor-creditor or the equity security holder relationship, except personal injury tort or wrongful death claims.”
. Because, among other reasons, judicial proceedings in violation of the stay are void ab initio, the bankruptcy court is not obligated to extend full faith and credit to such judgments. Infirm judgments are not entitled to full faith and credit in federal courts. See Kremer v. Chemical Construction Corp., 456 U.S. 461, 482-83, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982); see also Matsushita Electric Indus. Co. v. Epstein, 516 U.S. 367, 386, 116 S.Ct. 873, 134 L.Ed.2d 6 (1996) (noting that state court judgments are binding only if the state court had power to enter the judgment). Judgments issued without authority are void as a matter of California state law and, therefore, can have no preclusive effect under 28 U.S.C. § 1738. See Plaza Hollister Ltd. Partnership v. County of San Benito, 72 Cal.App.4th 1, 84 Cal.Rptr.2d 715, 728 (Cal.Ct.App.1999).
. For this reason, among others, the County’s reliance on dicta in Erti v. Paine Webber Jackson & Curtis, Inc. (In re Baldwin-United Corp. Litigation), 765 F.2d 343 (2d Cir.1985), and NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934 (6th Cir.1986), is misplaced. Those cases deal with the plenary power of federal— not state — courts concerning the automatic stay, and they recognize that, among federal courts, "[t]he necessary uniformity is best achieved by centralizing construction of the automatic stay in the Bankruptcy Court” subject to federal appellate review. Baldwin-United, 765 F.2d at 349. In addition, Edward Cooper Painting recognized that the NLRB "proceeded at its own risk” with an unfair labor practice proceeding after imposition of the automatic stay. 804 F.2d at 940. The Sixth Circuit recognized that "[i]f it was later determined that the proceeding was not excepted from the automatic stay, the entire NLRB proceeding would be void ab initio as an act taken in violation of the stay.” Id. Thus, to the extent that either case is applicable, the holdings support our conclusions. The County has not been able to cite to a single case holding that a state court has the unilateral binding power to modify the federal automatic stay.
. See Appeal of Gajkowski (In re Highway Truck Drivers & Helpers Local Union # 107), 888 F.2d 293, 299 n. 9 (3d Cir.1989) (noting, in the context of a challenge to the automatic stay, that the "Rooker-Feldman doctrine does not preclude a collateral attack of state court proceedings or judgments in the context of an appeal involving an exclusive federal question”); compare Reitnauer v. Texas Exotic Feline Found., Inc. (In re Reitnauer), 152 F.3d 341, 344 (5th Cir.1998) (applying Rooker-Feldman to bar district court review, in bankruptcy case, of state court judgment on state constitutional grounds).
. The bankruptcy court’s decision granting or denying relief from an automatic stay is a final decision which we review for an abuse of discretion. See Benedor, 96 F.3d at 351. We review de novo the district court’s decision on an appeal from bankruptcy court. See id.
. Bankruptcy courts have attempted an array of tests for assaying any hint of a collector in the prosecutor's guise, such as examining the primary motivation for the prosecution or applying a "bad faith” test. See generally Brinkman v. City of Edina (In re Brinkman), 123 B.R. 318, 322 (Bktcy.D.Minn.1991) (describing the various tests); see also Howard v. Allard, 122 B.R. 696, 699 (Bktcy.W.D.Ky.1991) ("[Bankruptcy courts can, and should, enjoin such proceedings when the facts reveal they were initiated for the purpose of collecting debts”).
. The three-judge panel that considered this appeal was bound by Hucke; however, an en banc court is not. See Nghiem v. NEC Electronic, Inc., 25 F.3d 1437, 1441 (9th Cir.1994) (" ‘We are bound by decisions of prior panels' unless an en banc decision, Supreme Court decision or subsequent legislation undermines those decisions.' ”).
.This statutory brand of comity conforms with other federal legislation enabling state prosecutions for domestic arrearage. Congress itself has criminalized child support delinquency to the limits of its Commerce Clause powers in the Child Support Recovery Act of 1992, 18 U.S.C. § 228, and we have upheld the authority of federal courts to review and enforce, pursuant to the Act, those state court orders giving rise to such debts. See United States v. Mussari, 95 F.3d 787 (9th Cir.1996). Furthermore, although Gruntz was incarcerated for his crime, the Bankruptcy Code permits restitution of child support under penal laws. Even in the absence of state or federal criminal prosecutions, Congress has prohibited discharge of child support debts under the Bankruptcy Code. See 11 U.S.C. § 523(a)(5). Although it is inapplicable to these proceedings, the Bankruptcy Reform Act of 1994 amended the automatic stay provision to exempt actions for the collection of alimony, maintenance, or support. See 11 U.S.C. 362(b)(2).
. In other contexts, we have eschewed general examination of prosecutorial motives. See Roe v. City and County of San Francisco, 109 F.3d 578, 583-84 (9th Cir.1997) (affording prosecutorial immunity for decisions to refrain from prosecution); cf. Imbler v. Pachtman, 424 U.S. 409, 431, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (affording absolute prose-cutorial immunity for decisions to prosecute).
. In fact, Congress first inserted, then removed, a provision that would have allowed bankruptcy courts to grant writs of habeas corpus in certain circumstances. The Bankruptcy Reform Act of 1978 specifically provided for a habeas remedy in bankruptcy court. See P.L. 95-598, Title II, § 250(a), Title III, § 314(j)(l), 92 Stat. 2672, 2677. The provision was scheduled to take effect on June 28,[*1087] 1984, but the provision was deleted before its effective date by the Bankruptcy Amendments and Federal Judgeship Act of 1984. See P.L. 98-353, Title I, § 113, 98 Stat. 343.
. Other circuits have held that this authority must be exercised in conformance with the principles of Younger abstention. See Fussell v. Price (In re Fussell), 928 F.2d 712, 715-16 (5th Cir.1991); Barnette, 673 F.2d at 1251-52 (11th Cir.); Davis, 691 F.2d at 177-78 (3d Cir.).