DISMISSED WITHOUT PREJUDICE  : March 16, 1993
                                                     
 
 
                                  GSBCA 11792
 
 
                            EAGLE LOCK CORPORATION,
 
                                                Appellant,
 
                                      v.
 
 
                       GENERAL SERVICES ADMINISTRATION,
 
                                                 Respondent.
 
        Victor  Bilaisis,  President   of  Eagle  Lock  Corporation,
   Downers Grove, IL, appearing for Appellant.
 
        Michael  D.  Tully,  Office  of  General  Counsel,   General
   Services
   Administration, Washington, DC, counsel for Respondent.
 
   Before Board Judges PARKER, NEILL, and HYATT.
 
   PARKER, Board Judge.
 
        On January 6, 1992, the  contracting officer for the General
   Services  Administration,  respondent,  issued a  final  decision
   assessing $320,657.77 in excess reprocurement costs against Eagle
   Lock  Corporation,   appellant.   Appeal   File,   Exhibit   107.
   Respondent  mailed the  letter to  appellant,  which then  timely
   filed its notice of  appeal on April 7, 1992.   Id., Exhibit 108.
   Appellant  filed its  complaint on  May  12, 1992,  and asked  to
   proceed on the written record on August 20, 1992.  Rule 11.  Soon
   thereafter, the corporation  and its president,  Victor Bilaisis,
   filed a
   voluntary petition pursuant to 11  U.S.C.   301 (1988) for relief
   under Chapter  11 of  the federal bankruptcy  code, 11  U.S.C.   
   1101-1174.     The  petition  was  filed  in  the  United  States
   Bankruptcy Court for the Northern District of Illinois.  
                          
                Discussion
 
        Respondent  has asked the Board to dismiss appellant's case,
   citing  11 U.S.C.   362(a)(1)  (1988),  which  stays  all  claims
   against  a bankruptcy estate while the bankruptcy court, trustee,
   or  receiver  reorganizes  the  affairs  of  the  estate.    Even
   prosecution  of a  Government claim  is stayed, Kroy  Inc., GSBCA
   10619, 90-3 BCA    23,182, unless the Government  is exercising a
   police  or regulatory  power.   See 11  U.S.C.     362(b)(4), (5)
   (1988); United States  v. Jones & Laughlin Steel  Corp., 804 F.2d
   348, 350
   (6th Cir. 1986).  
 
 
        Here,  the regulatory power  exception to the  stay does not
   apply, since respondent is acting as a commercial purchaser,  not
   as a regulator; the "claim"  that appellant presents is a request
   that we determine the propriety  of a debt assessment against the
   bankrupt.    The  automatic  stay  bars us  from  further  action
   concerning   the  assessment   against  appellant.     Van   Ness
   Associates,  Ltd.,  A  California  Ltd.  Partnership  v.  General
   Services Administration, GSBCA  11862, slip op.  at 3 (Sept.  16,
   1992)
   (Board consideration of Government claim may result in a judgment
   against appellant).
 
                                   Decision
 
        For  the reasons  stated  above,  the  appeal  is  DISMISSED
   WITHOUT
   PREJUDICE.  Rule 28(b).  We are dismissing the appeal merely as a
   docket control device, but consider  this action as equivalent to
   a stay of proceedings.  Appellant may reinstate the appeal within
   thirty days after the bankruptcy proceedings are concluded, or at
   any time in  the event the  Bankruptcy Court elects  to defer  to
   this  Board  the  adjudication  of   respondent's  claim  against
   appellant.  See  Gary Aircraft Corp. v. United States (In Re Gary
   Aircraft Corp.), 698 F.2d 775 (5th Cir. 1983), cert.
   denied, 464 U.S. 820.  If the appeal is not reinstated within the
   prescribed   time  period,  the  dismissal  shall  convert  to  a
   dismissal with prejudice.
 
 
                                      _________________________
                                      ROBERT W. PARKER
                                      Board Judge
 
   We concur:
 
 
   _________________________          _________________________
   EDWIN B. NEILL                     CATHERINE B. HYATT
   Board Judge                        Board Judge