Bankruptcy

In order for a court to act within its jurisdiction, it must have: (1) cognizance of the subject matter; (2) presence of the proper parties; and (3) the court's action must be invoked by proper pleadings and the judgment within the issues raised.  A court lacks or exceeds such jurisdiction by "any acts which exceed the defined power of a court in any instance, whether that power be defined by constitutional provision, express statutory declaration, or rules developed by the courts and followed under the doctrine of stare decisis."  Lee v. Lee, 2000 MT 67, ¶ 20, 299 Mont. 78, 996 P.2d 389 (citations and quotation marks omitted).  It is well established that a state district court has concurrent jurisdiction with a federal bankruptcy court to determine the issue of the dischargeability of debts pursuant to 11 U.S.C.S. § 523(a), other than those found under 11 U.S.C.S. §523(2), (4), and (6).  Even so, the court is bound to enforce the laws the United States under the Supremacy Clause.  A district court's failure to do so would result in it exceeding its jurisdiction.  Lee, ¶ 52 (quotation marks omitted).