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United States v. Silva

United States v. Silva

Ruling
Police and regulatory powers exception to stay applied to suit alleging discrimination under the Fair Housing Act.
Procedural posture

Plaintiff, the United States, filed a suit alleging that defendants, a property owner and another individual, engaged in national origin discrimination, in violation of the federal Fair Housing Act, 42 U.S.C. §§ 3601–3619 and 3631. The owner filed a voluntary chapter 7 bankruptcy proceeding. The U.S. moved for an emergency order declaring that the automatic stay provision of 11 U.S.C. § 362 did not apply to this case.

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opinion summary, case decided on February 05, 2007 , LexisNexis #0307-004