Skip to main content

§ 362(b)

Rodriguez, In re

Ruling
Reconsideration of order to remand preliminary injunction enforcement matter denied asdebtor failed to meet his burden of persuasion that the remand order was the product of clearerror or was manifestly unjust. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory

ABI Membership is required to access the full summary of Rodriguez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 19, 2019 , LexisNexis #0519-053

FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n

Ruling
Court ruled that FERC was not allowed to exercise its police and regulatory powers to bypassthe automatic stay imposed by the court in proceedings involving parties to a power contractregulated by FERC. (Bankr. N.D. Ohio)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

ABI Membership is required to access the full summary of FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 18, 2018 , LexisNexis #0618-066

Cantrell Drug Co., In re--Cantrell Drug Co. v. United States

Ruling
Court concluded that an FDA action was excepted from automatic stay where the FDA was seeking primarily injunctive relief and would not have enjoyed an economic advantage over the debtor's creditors. (Bankr. E.D. Ark.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

ABI Membership is required to access the full summary of Cantrell Drug Co., In re--Cantrell Drug Co. v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 04, 2018 , LexisNexis #0518-033

Pence, In re

Ruling
Court lifted stay to allow divorce court to either reaffirm its order dividing property that was subject to the stay or relitigate the division of estate property. (Bankr. D. Utah)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Paternity, Domestic Support, Custody, Visitation, Dissolution of Marriage, and Domestic Violence.

ABI Membership is required to access the full summary of Pence, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 14, 2018 , LexisNexis #0318-095

Hicks, In re

Ruling
City's actions in immobilizing debtor's vehicle after she filed for bankruptcy did not violatethe automatic stay as the City's purpose was to ensure public safety. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

ABI Membership is required to access the full summary of Hicks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 01, 2018 , LexisNexis #0318-032

Walker In re

Ruling
Court ruled that mere possession of the vehicle of the debtor by the possessory lien holder did not automatically grant the latter the protection afforded by the law. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Acts to Perfect, Maintain or Continue Perfection of an Interest in Property.

ABI Membership is required to access the full summary of Walker In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 20, 2017 , LexisNexis #0118-094

9 Houston LLC, In re

Ruling
Court granted debtor's emergency motion to sell acres of land free and clear of all liens and claims as debtor met its burden to show that the proposed sale of the property was in the best interests of the estate. (Bankr. S.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

ABI Membership is required to access the full summary of 9 Houston LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 20, 2017 , LexisNexis #0118-093

O'Brien, In re--O'Brien v. Skubic

Ruling
Automatic stay did not apply to the service of a contempt motion to the extent it sought payment of the fee award by the debtor. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.

ABI Membership is required to access the full summary of O'Brien, In re--O'Brien v. Skubic Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 21, 2017 , LexisNexis #0817-092

Cascone, In re

Ruling
Order that established the debtor's child support arrearage was not void as a violation of the automatic stay because the collection action was excepted from the stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.

ABI Membership is required to access the full summary of Cascone, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 18, 2017 , LexisNexis #0717-038

Porter v. Nabors Drilling USA, L.P.

Ruling
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

ABI Membership is required to access the full summary of Porter v. Nabors Drilling USA, L.P. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on April 20, 2017 , LexisNexis #0517-093