§ 362(b)

In re Cutting Edge Enters.

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.
Ruling: 
Lawsuits by state against tobacco company for violations of Master Settlement Agreement were not subject to stay.
ABI Membership is required to access the full summary of In re Cutting Edge Enters.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Williams

Before bankruptcy debtors filed their bankruptcy petition, the debtors'landlord obtained a judgment against the debtors for past-due rent and possession of the premises leased by the debtors. The landlord obtained a postpetition order of possession and, upon objection by the debtors'counsel, moved for relief from the automatic bankruptcy stay to the extent necessary to evict the debtors.
Ruling: 
Ministerial postpetition acts to enforce prepetition eviction judgment did not violate stay.
ABI Membership is required to access the full summary of In re Williams. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

United States v. Hump (In re Hump)

Plaintiff, the United States, acting through the Department of Interior, Bureau of Indian Affairs ("BIA"), filed a motion for summary judgment on its claims against defendant chapter 12 debtors, which sought permission to record under 11 U.S.C. § 362(b)(3) its mortgage on certain land conveyed or to be conveyed to one of the debtors and the entry of a judgment granting the BIA an equitable lien on the property.
Ruling: 
Bureau of Indian Affairs not entitled to equitable lien against chapter 12 debtors-in- possession as it would be voidable and not serve any legitimate purpose.
ABI Membership is required to access the full summary of United States v. Hump (In re Hump). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Diwa v. California Franchise Tax Board (In re Diwa)

Appellant bankruptcy debtor filed an adversary proceeding in bankruptcy court alleging that the California Franchise Tax Board ("FTB") violated the bankruptcy code automatic stay by sending the debtor a letter directing that she pay her tax debt. The bankruptcy court granted the FTB's cross-motion for summary judgment on the ground that the letter did not violate the automatic stay. The debtor appealed.
Ruling: 
State tax collection letter sent during pendency of chapter 13 plan properly found not to violate stay.
ABI Membership is required to access the full summary of Diwa v. California Franchise Tax Board (In re Diwa). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re OBrien

The debtor's former wife filed a motion relief from the automatic stay under 11 U.S.C. § 362 so that she could collect a prepetition fee award issued in favor in post-divorce litigation. The debtor opposed the motion.
Ruling: 
Postpetition fee award in post-dissolution proceeding was a domestic support obligation not subject to stay.
ABI Membership is required to access the full summary of In re OBrien. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Jester

Appellant, the Philadelphia (Pennsylvania) Parking Authority, appealed an order of the bankruptcy court granting appellee debtor's motion for contempt of the automatic stay. The Authority challenged the bankruptcy court's holding that its actions in impounding and auctioning the debtor's car after she filed her bankruptcy petition were not excepted from the automatic stay under 11 U.S.C. § 362(b)(1) and (b)(4).
Ruling: 
Auction of car to satisfy civil parking violations violated stay.
ABI Membership is required to access the full summary of In re Jester. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re WorldCom Inc.

The debtors filed a motion for partial summary judgment to reclassify creditor's claim number as unsecured. The creditor filed its own motion for summary judgment and argued that its claim was secured by virtue of a mechanic's lien under Nebraska law.
Ruling: 
Creditor's claim was unsecured due to failure to act to protect lien that expired thirty days after chapter 11 plan confirmation.
ABI Membership is required to access the full summary of In re WorldCom Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

United States v. Silva

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.
Ruling: 
Police and regulatory powers exception to stay applied to suit alleging discrimination under the Fair Housing Act.
ABI Membership is required to access the full summary of United States v. Silva. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Talley v. Alabama Dept of Public Safety

Appellant, a chapter 13 debtor, sought review of a decision of the bankruptcy court, which dismissed the debtor's adversary proceeding brought against appellees, the Alabama Department of Public Safety and a state official, alleging that the suspension of the driver's license of the debtor violated the automatic stay imposed by 11 U.S.C. § 362.
Ruling: 
Suspension of driver's license for debtor's ongoing failure to pay fines was excepted from stay as a continuation of prior criminal proceeding.
ABI Membership is required to access the full summary of Talley v. Alabama Dept of Public Safety. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Chao v. Morris

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.
Ruling: 
ERISA enforcement action fell within regulatory exception to stay.
ABI Membership is required to access the full summary of Chao v. Morris. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 362(b)