- 11 U.S.C.
In re Fernandez
Feb
26
2010
Ruling
Emergency motion to enforce stay to prevent enforcement of environmental lien denied pursuant to police and regulatory powers exception.
Procedural posture
In a chapter 13 case, the debtor filed an emergency motion to enforce the automatic stay against a county, which sought to enforce a preliminary injunction requiring the debtor to cease a violation of environmental laws.
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Court
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- 11 U.S.C.
In re Qimonda AG
Feb
16
2010
Ruling
Patent infringement action before the International Trade Commission was subject to stay once debtor's foreign insolvency proceeding was recognized.
Procedural posture
Patent owners brought an action before the International Trade Commission for patent infringement against a debtor in foreign insolvency proceedings, and a bankruptcy court entered an order recognizing the foreign proceedings. The Commission contended that the action before the Commission was excepted from the automatic bankruptcy stay under 11 U.S.C.S. § 362(b)(4).
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Court
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- 11 U.S.C.
DeSteph v. Connecticut Dept of Banking (In re DeSteph)
Dec
02
2009
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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:
- 11 U.S.C.
In re Fitness Mgmt. Group
Nov
23
2009
Ruling
State enforcement of health club bond requirements against debtor was subject to police and regulatory power exception from stay.
Procedural posture
The State of North Carolina brought an action in a State court against a bankruptcy debtor alleging that the debtor committed unfair and deceptive trade practices by failing to maintain adequate bonds for its health clubs. The State moved for a declaration of exemption from the automatic stay under 11 U.S.C.S. § 362(b)(4) based on the State's exercise of its police and regulatory powers.
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Court
:
- 11 U.S.C.
In re Spansion Inc.
Oct
01
2009
Ruling
Stay applied to action by U.S. International Trade Commission under the Tariff Act of 1930.
Procedural posture
Debtors, chapter 11 debtors and a foreign debtor, moved to seek to enforce the automatic stay to prevent further action in a proceeding filed against them by a competitor under the Tariff Act of 1930, 19 U.S.C.S. § 1337, before the United States International Trade Commission (the ITC).
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Court
:
- 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
:
- 11 U.S.C.
In re Mystic Tank Lines Corp.
Oct
16
2008
Ruling
Default judgment for environmental clean-up after debtor caused a gasoline leak was within police powers exception to stay.
Procedural posture
Appellant debtor, a gasoline shipper, challenged a judgment of the United States District Court for the District of New Jersey, affirming the bankruptcy court's allowance of a claim by appellee the State of New York based on damages for the clean-up of soil and groundwater contaminated with petroleum products caused by a leak at a gas station that was traced to a delivery of gasoline by the debtor.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Aerobox Composite Structures LLC
Apr
10
2008
Ruling
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
Procedural posture
The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
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Court
:
- 11 U.S.C.
In re Iams Funeral Home Inc.
Dec
06
2007
Ruling
Attorney general's action alleging violation of funeral laws was excepted from stay as exercise of police and regulatory power.
Procedural posture
A state attorney general sought entry of an order that declared all preneed funeral contracts held by a chapter 11 debtor to be excepted from property of the debtor's bankruptcy estate, and confirmed that the automatic stay, 11 U.S.C. § 362, did not apply to litigation initiated by the attorney general against the debtor for alleged violations of state law.
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Court
:
- 11 U.S.C.
Trinity Meadows Raceway Inc. v. Texas Racing Commn (In re Trinity Meadows Raceway Inc.)
Sep
11
2007
Ruling
State commission's revocation of debtor's racetrack license was an exercise of regulatory power and did not violate stay.
Procedural posture
Plaintiff debtor sued, asking that the court: (i) enjoin defendants, the Texas Racing Commission and the Former and Acting Chair of the Commission, from revoking, denying, or otherwise interfering with a license; (ii) enjoin defendants from continuing to refuse to reinstate the license; and/or (iii) hold that defendants were estopped to deny the effects of debtor's bankruptcy proceeding and automatic stay. Both sides sought summary judgment.
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