In the case of In re Kluever, ___ B.R. ___, 2007 WL 2213365 (Bkrtcy.M.D.Fla.,2007)(Funk, J.), the court held that bankruptcy courts lack the authority to issue writs of habeas corpus. The Debtor filed an emergency motion for writ of mandamus, habeas corpus or similar relief pursuant to section 105(a) after he was arrested and incarcerated in Florida as a result of a warrant issued in Wisconsin for failure to pay child support. The Debtor asserted that his arrest and incarceration were an attempt to collect a debt in violation of the automatic stay.
The court held that bankruptcy courts lack the authority to issue writs of habeas corpus. Section 105 of the Bankruptcy Code only provides that a bankruptcy court “may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of” this title.” The court also found that section 2241(a) does not imbue bankruptcy courts with the authority to issue writs of habeas corpus. 28 U.S.C. Section 2241(a) provides that [W]rits of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.” See Bryan v. Rainwater, 254 B.R. 273, 276 (N.D.Ala.2000). In re Cornelious, 214 B.R. 588 (Bankr.E.D.Ark.1997).
The court did note that it made no determination as to whether Wisconsin’s actions violated the automatic stay.
