§ 362(b)

FirstBank P.R. v. Mujica (In re Mujica)

Ruling: 
Creditor failed to establish that it had a validly perfected lien on the petition date or that it was entitled to the postpetition recording exception.
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Consumer case opionion summary, case decided on March 31,2014, LexisNexis #0714-039

In re Vrastinas

Ruling: 
Stay did not apply to marriage dissolution proceeding and could be lifted as to equitable distribution but state court rulings would not bind bankruptcy court.
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Consumer case opionion summary, case decided on December 17,2013, LexisNexis #0114-005

Chapter 7 Trustee v. Texas (In re Good)

Ruling: 
State's interception of federal tax refund to pay delinquent child support obligations did not violate stay.
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Consumer case opionion summary, case decided on September 17,2013, LexisNexis #1013-039

In re Desouza

Debtor challenged the U.S. Bankruptcy Court for the District of Massachusetts' determination that certain probate court orders regarding alimony and contempt did not violate the automatic stay.
Ruling: 
Bankruptcy court erred in holding that domestic support obligation orders requiring payment from property of the estate did not violate stay.
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Consumer case opionion summary, case decided on June 14,2013, LexisNexis #0713-111

Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy Inc.)

Debtor, a constructor filed a motion to determine the applicability of the automatic stay. The sole issue to be determined was whether the power purchase and sale agreement entered into between debtor and respondent electric utility constituted a forward contract that was not subject to the provisions of the automatic stay pursuant to 11 U.S.C.S. § 362(b)(6).
Ruling: 
Renewable power purchase and sale agreement with debtor was a forward contract not subject to stay.
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Commercial case opionion summary, case decided on February 26,2013, LexisNexis #0613-040

Vaughan v. Vaughan (In re Vaughan)

Chapter 7 debtor filed a motion for contempt and sanctions against respondents, the debtor's former spouse and the spouse's counsel, claiming that respondents violated the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Letter to state judge regarding applicability of stay to prepetition contempt motion filed by clerk postpetition did not violate stay.
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Consumer case opionion summary, case decided on January 29,2013, LexisNexis #0313-082

Dunn v. Advantage Windows Inc. (In re Dunn)

Debtor brought an adversary proceeding against defendant for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(a). Defendant moved to dismiss the complaint on the basis that its actions fell within the exception for the commencement of criminal actions under 11 U.S.C.S. § 362(b)(1).
Ruling: 
Criminal proceeding for conversion did not violate stay.
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Consumer case opionion summary, case decided on January 29,2013, LexisNexis #0213-073

United States v. Colasuonno

Defendant stood convicted of substantive and conspiratorial bank fraud and tax crimes, and he filed Chapter 7 bankruptcy after his initial sentencing. He argued that the automatic stay provision of the Bankruptcy Code, 11 U.S.C.S. § 362(a), temporarily halted his obligation to pay restitution and barred the United States District Court for the Southern District of New York from revoking his probation for nonpayment.
Ruling: 
Stay did not bar judgment revoking probation and resentencing of debtor for bank fraud and tax crimes.
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Consumer case opionion summary, case decided on October 12,2012, LexisNexis #1112-008

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