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IN RE JAMES

No. 90-1884.

940 F.2d 46 (1991)

In re Norma Y. JAMES, Debtor. Norma Y. JAMES v. Jacqueline DRAPER, et al., Jacqueline Draper, State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice; Peter N. Perretti, Jr., Attorney General of State of New Jersey; and Robert T. Winter, State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 1, 1991.

As Amended August 7, 1991.

Attorney(s) appearing for the Case

Berneter Mallory (argued), Mallory and Associates, Philadelphia, Pa., for appellee.

Robert J. Del Tufo, Michael R. Clancy, Paul Schneider (argued), Steve L. Scher, Office of Atty. Gen. of Jersey, Trenton, N.J., for appellants.

Before STAPLETON, SCIRICA and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In this appeal by New Jersey state officials, we must decide whether a federal bankruptcy or district court had the power under the automatic stay provision in the Bankruptcy Code, 11 U.S.C. § 362(a), to collaterally attack the merits of a facially valid judgment of a state court.

The State of New Jersey obtained a state court judgment in its favor in a civil forfeiture action against the property...

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