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DeSteph v. Connecticut Dept of Banking (In re DeSteph)

DeSteph v. Connecticut Dept of Banking (In re DeSteph)

Ruling
State action to enforce securities laws fell within regulatory exception to automatic stay.
Procedural posture

Chapter 13 debtor filed an adversary proceeding against defendants, the State of Connecticut Department of Banking, the Commissioner, and a staff member (the State), for the State's alleged violation of the automatic stay under 11 U.S.C.S. § 362 and for violation of N.H. Rev. Stat. Ann. § 358-C. The State filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b).

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Consumer opinion summary, case decided on December 02, 2009 , LexisNexis #0110-075