Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome Parks

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Bankruptcy Code does preempt the state torts of abuse of process and wrongful use of civil process
• holding that state courts lack juris- diction over a claim that the filing of a bankruptcy petition constitutes an abuse of process
• holding that the Bankruptcy Code preempts state law abuse of process causes of action based on the debtor’s filing of an allegedly frivolous bankruptcy petition
• holding that the bankruptcy court properly vacates a state court judgment and properly holds that a state court’s action was void from the outset when the state court proceeded with an action in violation of an automatic stay
• holding creditor’s abuse of process claim based on debtor’s filing of bankruptcy was preempted by federal law
• stating that “[a] state court judgment entered in a case that falls within the federal courts’ exclusive jurisdic- tion is subject to collateral attack in the federal courts” and concluding that therefore “the bankruptcy court was correct in vacating the state court judgment”

Source: CourtListener parenthetical corpus (CC0).