§ 362(b)

In re Halo Wireless v. Alenco Communs. Inc. (In re Halo Wireless Inc.)

Debtor, a small cellular company, filed a voluntary chapter 11 petition, removed state court suits filed against it by local phone companies, and sought to have them and state public utilities' commissions' (PUC) actions transferred to the United States Bankruptcy Court for the Eastern District of Texas, which ordered the suits remanded and found the PUC actions excepted from the automatic stay under § 362(b)(4). Debtor appealed.
Ruling: 
Public utilities commission suits were excepted from stay as actions by governmental units in furtherance of regulatory or police powers.
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Commercial case opionion summary, case decided on June 18,2012, LexisNexis #0712-040

In re Paul

After a landlord obtained a prepetition judgment and writ of possession, it sought relief from the automatic stay to take possession of an apartment rented by a chapter 13 debtor.
Ruling: 
Prepetition eviction judgment on non-monetary basis was not subject to stay.
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Consumer case opionion summary, case decided on June 08,2012, LexisNexis #0712-041

In re Sweetenburg

A landlord filed an application for judicial assistance to direct a clerk to provide a certified copy of the docket indicating that an exception to the automatic stay applied to a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 362(b)(22).
Ruling: 
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
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Consumer case opionion summary, case decided on May 18,2012, LexisNexis #0612-074

In re Webb

Appellants, creditor and his counsel, appealed from an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, at Cleveland, that imposed sanctions against them in the amount of $4405.23 for willful violation of the automatic stay when they were found in contempt for continuing to prosecute a state-court foreclosure action against the debtor's residence postpetition.
Ruling: 
Sanctions properly imposed against creditor and counsel for pursuing sheriff's sale in violation of stay as lis pendens did not exempt property from the estate.
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Consumer case opionion summary, case decided on April 09,2012, LexisNexis #0512-007

In re Santana

This matter came before the court pursuant to debtor's pro se motion for declaratory Order and brief in support. The motion asserted that the Superior Court of Orange County, California had violated orders of the court as well as the automatic stay, as defined in 11 U.S.C.S. § 362(a). On its face, the motion was unopposed, as the Superior Court had yet to appear in this bankruptcy case.
Ruling: 
State court criminal proceeding was not subject to stay.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-039

In re B.Y.O.B. Inc.

The Montana Department of Revenue (DOR) filed a motion seeking a determination that pending state court actions involving the DOR and a chapter 11 debtor and the DOR's administrative enforcement actions against the debtor based on the DOR's regulation of alcoholic beverages in Montana were exempt from the automatic stay pursuant to 11 U.S.C.S. § 362(b)(4) under the DOR's police and regulatory power.
Ruling: 
Proceedings concerning state regulation of alcoholic beverages were not subject to stay pursuant to police and regulatory powers exception.
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Commercial case opionion summary, case decided on February 17,2012, LexisNexis #0312-039

In re Palmieri

A chapter 13 debtor filed a motion for sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that his former spouse violated § 362(a)(1) and (3) and arguing that § 362(b)(2)(A)(ii) did not except the filing from the automatic stay.
Ruling: 
Postpetition motion for spousal support filed in state court was excepted from stay.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0212-074

In re Anderson

A court-appointed representative of a bankruptcy debtor's minor children in the debtor's proceeding for dissolution of marriage sought to recover fees for the representative's services for which the debtor was liable. The representative moved for relief from the automatic bankruptcy stay to allow collection of the fees as a domestic support obligation.
Ruling: 
Relief from stay granted to allow representative of debtor's minor children to collect fees from marriage dissolution as a domestic support order.
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Consumer case opionion summary, case decided on October 17,2011, LexisNexis #1111-043

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

Plaintiff debtor, brought an adversary proceeding seeking a holding that defendant creditor did not have a perfected mortgage lien over its real property under P.R. Laws Ann. tit. 30, § 2260, and was unsecured. The creditor asserted it was entitled to relief from the automatic stay under 11 U.S.C.S. § 362(b)(3). The parties filed cross motions for summary judgment. The mortgage in issue was unrecorded at the time of the bankruptcy filing.
Ruling: 
Relief from stay denied where creditor had not recorded mortgage and was unsecured.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-004

Secrest v. Secrest (In re Secrest)

Creditor wife sought relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(2) or (d)(1), to pursue equitable distribution of the property owned with debtor husband, in a pending divorce case. The debtor and the chapter 7 trustee opposed her motion.
Ruling: 
Relief from stay granted to allow debtor's spouse equitable distribution provided no property was transferred out of the estate.
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Consumer case opionion summary, case decided on July 15,2011, LexisNexis #0811-075

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