Therefore, Respondents seek bifurcation of the action, essentially dismissing staff's request for monetary penalties. Respondents' attorney confirmed this position by letter dated December 4, 1996. Staff reiterated its opposition by letter dated December 10, 1996. In that letter, Staff stated that its administrative action does not constitute enforcement of a money judgment, but instead comprises Staff's attempt to obtain a money judgment based upon the Department's exercise of its police and regulatory powers. Staff concludes that if it obtains such a money judgment, the Department will then seek enforcement of the money judgment before the Bankruptcy Court.
Staff asserts two applicable exceptions to the automatic stay provision.
The Department is a governmental unit that brought the present action to enforce its police and regulatory power. Penn Terra Ltd., supra at 275. The present action is Staff's attempt to obtain a judgment, not to enforce a judgment. Ruling Staff may properly seek to obtain all relief identified in its complaint, both environmental remediation and monetary penalties. This action is not stayed by the 11 USC 362 automatic stay provision.