Page:United States Reports 502 OCT. TERM 1991.pdf/197

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Cite as: 502 U. S. 32 (1991)

39

Opinion of the Court

“[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[s]” and would appear to be stayed by 11 U. S. C. § 362(a)(1). However, the Board’s actions also fall squarely 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; . . . . . “(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; . . . . . “(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).