§ 362(b)

In re Winer

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code, and two weeks later, the debtor's landlord filed a motion seeking an order confirming the absence of the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(22), or in the alternative, granting the landlord relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d). The debtor opposed the motion.
Ruling: 
Eviction action not stayed where judgment of possession was obtained prior to petition date.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0608-111

In re Parker

After the court issued an order determining that 11 U.S.C.S. § 362(b)(22) was applicable to a landlord's pre-petition judgment for possession of the debtor's residence, the debtor filed a motion for reconsideration.
Ruling: 
Debtor who failed to file required certificate and payment on petition date not entitled to challenge applicability of stay to prepetition eviction proceeding.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0808-037

In re Aerobox Composite Structures LLC

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.
Ruling: 
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
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Commercial case opionion summary, case decided on April 10,2008, LexisNexis #0508-077

In re Exum

A spouse filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, in order to proceed with a divorce action pending in state court against the debtor.
Ruling: 
Relief from stay may not be granted to allow equitable distribution proceedings in divorce cases to proceed.
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Consumer case opionion summary, case decided on February 21,2008, LexisNexis #0308-110

Housing Auth. of Beaver County v. Alberts (In re Alberts)

Movant creditor filed a motion for relief from stay, contending that its post- petition efforts to enforce a judgment for possession were not stayed by operation of 11 U.S.C. § 362(b)(22). Respondent chapter 7 debtor filed a motion for contempt for a violation of the automatic stay.
Ruling: 
Actions to enforce judgment of possession stayed due to debtor's timely appeal of magistrate's order.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0208-077

In re Goldston

In the debtor's voluntary petition, she left blank the section to be completed by tenants of residential property. The court concluded that the landlord's request for 11 U.S.C.S. § 3623(l)(4)(B) certification was unnecessary. That section was inapplicable because the debtor's petition failed to disclose the existence of a pre-petition judgment for possession, and such certification was only required if the debtor, in accordance with 11 U.S.C.S. § 362(l)(5), first indicated on her petition that a pre-petition judgment for possession was obtained and then neglected to file the necessary certifications regarding her right to cure the default that gave rise to the judgment. The debtor made no disclosures as to any pre-petition judgments for possession and made no contention that 11 U.S.C.S. § 362(b)(22)'s exception to the automatic stay was inapplicable.
Ruling: 
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-108

In re Friday

A debtor filed a motion requesting that the court enjoin the padlocking of an apartment, which was done pursuant to a state court judgment obtained by a landlord before the chapter 7 proceeding was commenced.
Ruling: 
Stay did not preclude landlord from proceeding with prepetition eviction action.
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Consumer case opionion summary, case decided on December 12,2007, LexisNexis #0208-037

In re Iams Funeral Home Inc.

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.
Ruling: 
Attorney general's action alleging violation of funeral laws was excepted from stay as exercise of police and regulatory power.
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Commercial case opionion summary, case decided on December 06,2007, LexisNexis #1207-110

Trinity Meadows Raceway Inc. v. Texas Racing Commn (In re Trinity Meadows Raceway Inc.)

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.
Ruling: 
State commission's revocation of debtor's racetrack license was an exercise of regulatory power and did not violate stay.
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Dovell v. The Guernsey Bank

Defendant bank filed a motion for summary judgment against plaintiff chapter 7 debtor in the debtor's adversary proceeding filed in bankruptcy court for claimed violations of the automatic stay under 11 U.S.C. § 362(b)(1) and for intentional infliction of emotional distress. The third count sought injunctive relief against defendants State of Ohio and the county prosecutor.
Ruling: 
Bankruptcy court erred in enjoining criminal case against debtor pursuant to stay.
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