- 11 U.S.C.
In re Pollock
Feb
24
2009
Ruling
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
Procedural posture
The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.
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Court
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