- 11 U.S.C.
RGV Smiles by Rocky L. Salinas D.D.S. P.A., In re
Jan
06
2021
Ruling
Action brought against debtor by state under the state Medicaid fraud prevention act wasexcepted from the automatic stay as the state was not acting primarily to further its pecuniaryinterest but to effectuate public policy. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory
ABI Membership is required to access the full summary of RGV Smiles by Rocky L. Salinas D.D.S. P.A., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar
Aug
29
2019
Ruling
Automatic stay barred withholding of post-petition Medicare reimbursements, which wereproperty of the estate and did not fall within the police power exception. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory
ABI Membership is required to access the full summary of THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rodriguez, In re
Mar
19
2019
Ruling
Reconsideration of order to remand preliminary injunction enforcement matter denied asdebtor failed to meet his burden of persuasion that the remand order was the product of clearerror or was manifestly unjust. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory
ABI Membership is required to access the full summary of Rodriguez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n
May
18
2018
Ruling
Court ruled that FERC was not allowed to exercise its police and regulatory powers to bypassthe automatic stay imposed by the court in proceedings involving parties to a power contractregulated by FERC. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cantrell Drug Co., In re--Cantrell Drug Co. v. United States
Apr
04
2018
Ruling
Court concluded that an FDA action was excepted from automatic stay where the FDA was seeking primarily injunctive relief and would not have enjoyed an economic advantage over the debtor's creditors. (Bankr. E.D. Ark.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of Cantrell Drug Co., In re--Cantrell Drug Co. v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hicks, In re
Feb
01
2018
Ruling
City's actions in immobilizing debtor's vehicle after she filed for bankruptcy did not violatethe automatic stay as the City's purpose was to ensure public safety. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of Hicks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Porter v. Nabors Drilling USA, L.P.
Apr
20
2017
Ruling
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of Porter v. Nabors Drilling USA, L.P. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Clifton ) [ Circuit Court ]
- 11 U.S.C.
Dingley, In re--Dingley v. Yellow Logistics. LLC
Apr
03
2017
Ruling
Bankruptcy court erred in sanctioning creditor for violation of automatic stay by pursuing civil contempt proceedings against debtor as civil contempt proceedings were exempted from stay. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of Dingley, In re--Dingley v. Yellow Logistics. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Clifton ) [ Circuit Court ]
- 11 U.S.C.
Parkview Adventist Med. Ctr. v. United States
Nov
29
2016
Ruling
Medicare and Medicaid service provide properly allowed to terminate executory contractdebtor hospital as an exercise of regulatory power. (1st Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of Parkview Adventist Med. Ctr. v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
1st Circuit ( ) [ Bankruptcy Court ]
- 11 U.S.C.
In re Altegrity, Inc.
Nov
28
2016
Ruling
Litigation brought be truck driver before the Department of Labor did not fall within thepolice powers exception to the automatic stay. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
ABI Membership is required to access the full summary of In re Altegrity, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: