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§ 362(b)(4)

In re Cutting Edge Enters.

Jul
19
2007
Ruling
Lawsuits by state against tobacco company for violations of Master Settlement Agreement were not subject to stay.
Procedural posture

A corporate debtor filed a petition under chapter 11, and various U.S. states and a U.S. territory filed a motion for relief relating to the automatic stay that was imposed under 11 U.S.C. § 362, seeking an order lifting the stay so that actions the State of Maryland filed against the debtor could proceed.

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opinion summary, case decided on July 19, 2007 , LexisNexis #0907-002
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United States v. Silva

Feb
05
2007
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
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Chao v. Morris

Jan
10
2007
Ruling
ERISA enforcement action fell within regulatory exception to stay.
Procedural posture

Plaintiff, the Secretary of Labor, filed a motion under Fed. R. Civ. P. 55(a) for entry of default in an action against defendants, an individual, a corporation, and a profit-sharing plan, under 29 U.S.C. § 1132(a) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. The individual and corporation subsequently filed notices of bankruptcy filings.

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opinion summary, case decided on January 10, 2007 , LexisNexis #0207-089
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In re Arsi

Nov
01
2006
Ruling
Disbarred attorney debtor's restitution obligation was excepted from discharge.
Procedural posture

A bankruptcy debtor was disbarred from practicing law based on misconduct, and the debtor was ordered to pay restitution by the South Carolina Supreme Court (Court). The Court and its Office of Disciplinary Counsel ("ODC") moved for a determination that the exception to the automatic bankruptcy stay under 11 U.S.C. § 362(b)(4) was applicable.

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opinion summary, case decided on November 01, 2006 , LexisNexis #1206-072
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Bevelle v. Jefferson County (In re Bevelle)

Aug
25
2006
Ruling
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
Procedural posture

Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-086
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In re IT Group Inc. v. IT Litig. Trust

Mar
17
2006
Ruling
State agency was not entitled to an automatic stay exception for its administrative proceedings against the debtor since the state agency's claim was an unsecured claim under the debtor's confirmed chapter 11 plan.
Procedural posture

Appellant, the New Jersey Department of Environmental Protection ("NJDEP"), issued an administrative order against a bankruptcy debtor. Appellee, the successor to the debtor's estate, filed motions in the bankruptcy court after the NJDEP sought a summary decision in the contested proceeding that the debtor filed. The bankruptcy court granted the successor's motions and ordered the NJDEP to dismiss the administrative action. The NJDEP appealed.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-011
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Mass. Bd. of Registration in Pharm. v. Drug Assist Health Solutions Inc.

Jan
31
2006
Ruling
Preliminary injunction decision enjoining a licensing board from revoking the debtor's pharmacy license was reversed since revocation was an act of governmental regulatory power intended to enjoin conduct threatening the public welfare.
Procedural posture

Defendant Massachusetts Board of Registration in Pharmacy appealed a decision of the bankruptcy court, which granted preliminary injunctive relief to debtor, enjoining the Board from taking any action to revoke debtor's pharmacy license.

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opinion summary, case decided on January 31, 2006 , LexisNexis #0206-067
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