- 11 U.S.C.
In re McOuat
Oct
13
2016
Ruling
Government claims under the False Claims Act were excepted from the automatic stay. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory
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Court
:
- 11 U.S.C.
SEC v. Miller
Dec
18
2015
Ruling
Asset freeze in SEC enforcement action did not violate the automatic stay.
Issue(s)
Whether an asset freeze order obtained by the Securities and Exchange Commission constituted an action to collect on an anticipated money judgment and violated the automatic stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re MA Salazar Inc.
Dec
08
2014
Ruling
Village's action in demolishing an unsafe structure on debtor's property was taken in the exercise of its police and regulatory powers and did not violate stay.
Issue(s)
Should village be held in contempt for demolishing allegedly unsafe structure on debtor's property without consulting the bankruptcy court regarding the applicability of the automatic stay?
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Court
:
- 11 U.S.C.
In re Guardin
Nov
24
2014
Ruling
Complaint and prosecution up to judgment under state unfair trade practices act was not subject to stay.
Issue(s)
Whether the State of Florida, office of the Attorney General, was entitled to an order declaring that the automatic stay was inapplicable to its action seeking to add debtor husband as an additional defendant in a complaint pending against others in state court alleging violations of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
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Court
:
- 11 U.S.C.
In re Duval at Gulf Harbors LLC
Sep
18
2014
Ruling
Criminal forfeiture proceedings were exempt from the automatic stay.
Issue(s)
Was criminal forfeiture subject to the automatic stay?
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Court
:
- 11 U.S.C.
Comcast Cable Communs. Mgmt. LLC v. Chintella (In re Chintella)
Jun
20
2014
Ruling
Sanctions motion serving interests of one party violated stay.
Issue(s)
Did creditor's motion for sanctions against the debtor in an unrelated district court case violate the automatic stay?
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Court
:
- 11 U.S.C.
Solis v. Wallis
Aug
30
2012
Ruling
ERISA action was excepted from stay under pecuniary purpose and public policy exceptions.
Procedural posture
In an action by plaintiff, the Secretary of Labor for the U.S. Department of Labor (Secretary), alleging that defendants, including an involuntary debtor, violated the Employee Retirement Income Security Act of 1974, 29 U.S.C.S. § 1001 et seq., the Secretary filed a motion pursuant to Fed. R. Civ. P. 59(e) to reconsider the court's sua sponte dismissal of one of the defendants. Two of the defendants filed a pro se motion to dismiss the Secretary's action.
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Court
:
- 11 U.S.C.
In re Halo Wireless v. Alenco Communs. Inc. (In re Halo Wireless Inc.)
Jun
18
2012
Ruling
Public utilities commission suits were excepted from stay as actions by governmental units in furtherance of regulatory or police powers.
Procedural posture
Debtor, a small cellular company, filed a voluntary chapter 11 petition, removed state court suits filed against it by local phone companies, and sought to have them and state public utilities' commissions' (PUC) actions transferred to the United States Bankruptcy Court for the Eastern District of Texas, which ordered the suits remanded and found the PUC actions excepted from the automatic stay under § 362(b)(4). Debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re B.Y.O.B. Inc.
Feb
17
2012
Ruling
Proceedings concerning state regulation of alcoholic beverages were not subject to stay pursuant to police and regulatory powers exception.
Procedural posture
The Montana Department of Revenue (DOR) filed a motion seeking a determination that pending state court actions involving the DOR and a chapter 11 debtor and the DOR's administrative enforcement actions against the debtor based on the DOR's regulation of alcoholic beverages in Montana were exempt from the automatic stay pursuant to 11 U.S.C.S. § 362(b)(4) under the DOR's police and regulatory power.
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Court
:
- 11 U.S.C.
In re Clifton
Aug
03
2010
Ruling
Secretary of Labor's complaint regarding debtor's ERISA violations was within police and regulatory powers exception to stay.
Procedural posture
Debtor filed a motion to show cause why the automatic stay provision of 11 U.S.C.S. § 362(a) had not been violated by the Secretary of Labor due to a complaint filed by the Secretary against the debtor in federal court. Debtor also filed a motion seeking an injunction and sanctions against the Secretary.
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Court
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