Supreme Court of the United States

Board of Governors of the Federal Reserve System v. McOrp Financial, Inc.

December 3, 1991502 U.S. 32

Summary

The Court held that the District Court lacked jurisdiction to enjoin either of the Federal Reserve Board’s ongoing administrative proceedings against MCorp. The proceedings fell within the Bankruptcy Code’s police-or-regulatory-power exception to the automatic stay, and bankruptcy jurisdiction did not override FISA’s express jurisdictional bar. Leedom v. Kyne did not authorize review because MCorp had an adequate opportunity for judicial review of a final Board order and Congress had expressly precluded interlocutory intervention. The Court reversed the Court of Appeals as to the source-of-strength proceeding and affirmed as to the § 23A proceeding, without deciding the validity of the source-of-strength regulation. Justice Stevens wrote for the Court; Justice Thomas did not participate, and there were no separate opinions.

Holding

  • Whether the automatic stay applied to the Board’s ongoing administrative proceedings.. The automatic stay did not apply to these ongoing, nonfinal regulatory proceedings.
  • Whether bankruptcy jurisdiction displaced FISA’s restriction on judicial intervention.. The bankruptcy provisions invoked by MCorp did not qualify or supersede 12 U.S.C. § 1818(i)(1), which barred the injunctions sought.
  • Whether Leedom v. Kyne permitted judicial intervention despite § 1818(i)(1).. Kyne did not authorize jurisdiction to review and enjoin the Board’s ongoing proceedings.

Docket 90-913

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