- 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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Jahn v. United States (In re WinPar Hospitality Chattanooga LLC)
Feb
06
2009
Ruling
Government forfeiture proceeding predicated on postpetition criminal activity did not violate stay.
Procedural posture
Plaintiff trustee filed an action against defendant government, alleging that the government violated the automatic stay of 11 U.S.C.S. § 362 by seeking the forfeiture of estate property. The trustee filed a motion for partial summary judgment, and the government filed a cross- motion for summary judgment and a motion to dismiss.
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Court
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- 11 U.S.C.
Davison v. Kanipe
Feb
05
2009
Ruling
Postpetition negotiation of prepetition check did not violate stay where creditor returned funds upon notice of filing.
Procedural posture
Appellant debtor challenged an order of the United States Bankruptcy Court for the Eastern District of Tennessee that denied her motion to declare a violation of the automatic stay under 11 U.S.C.S. § 362, to impose sanctions against appellee creditor, a check cashing service that negotiated, postpetition, a pre-petition check she had written pursuant to the Deferred Presentment Services Act, authorized by Tenn. Code Ann. § 45-17-101 et seq.
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Court
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- 11 U.S.C.
Garcia-Lawson v. Garland
Dec
03
2008
Ruling
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
Procedural posture
Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
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Court
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- 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.
Bartel v. Walsh (In re Bartel)
Oct
16
2008
Ruling
There are no exceptions to criminal prosecution exception from stay.
Procedural posture
Plaintiff, the chapter 7 debtor, brought adversary claims seeking damages and injunctive relief against defendants, a former district attorney (D.A.) and a state police officer, alleging they violated the automatic stay by instituting criminal proceedings against him and seizing his financial records pursuant to a search warrant, depriving him of the protection of the automatic stay. The D.A. and the officer moved for summary judgment.
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- 11 U.S.C.
Vasquez v. Georgia Dept of Human Res. Office of Child Support Servs.
Sep
30
2008
Ruling
Bankruptcy court erred in assuming wage granishment by state was related to a valid domestic support obligation.
Procedural posture
Appellant debtor sought review of a decision of a bankruptcy court, which denied the debtor's motion to stop the garnishment of the debtor's wages by appellee the Georgia Department of Human Resources, Office of Child Support Services (State).
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:
- 11 U.S.C.
United States v. Henry
Jul
01
2008
Ruling
Criminal contempt proceeding for debtor's deletion of computer files that were subject to subpeona was not subject to stay.
Procedural posture
Intervening plaintiffs filed a motion for sanctions and the issuance of an order to show cause why movant should not have been held in contempt of court.
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Court
:
- 11 U.S.C.
In re Keuler
May
14
2008
Ruling
Tax liens filed against debtor's property during pendency of prior owner's bankruptcy were void.
Procedural posture
Debtor objected to a secured proof of claim for real estate property taxes filed by creditor, a county.
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Court
:
- 11 U.S.C.
In re Winer
May
13
2008
Ruling
Eviction action not stayed where judgment of possession was obtained prior to petition date.
Procedural posture
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), 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.
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Court
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