Massachusetts Agencies

Automatic Stay: Ministerial Acts


In the case of In Re Soares, 107 F.3d 969, (1st Cir. 1997) this was stated:

A ministerial act is one that is essentially clerical in nature. * * * Frequently, routine scrivening, such as recordation or entry on the docket, follows on the heels of a judicial decision. Such actions—taken in obedience to the judge's preemptory instructions or otherwise precisely defined and nondiscretionary—are ministerial and, consequently, do not themselves violate the automatic stay . . . . * * * By the same token, however, acts undertaken in the course of carrying out the core judicial function are not ministerial and, if essayed after bankruptcy filing, will be deemed to violate the automatic stay.

So, there's a clear distinction between the judge entering the judgment and the clerk thereafter docketing that action. The judge's acts are not ministerial, while the clerk's are.