§ 362(b)

In re Rios

In this chapter 11 case, the debtors filed an adversary proceeding against defendant creditor primarily with respect to the creditor's claim pertaining to mortgage liens and the creditor's contention that such liens were excepted from the automatic stay under 11 U.S.C.S. § 362(b)(3). The debtors filed a motion for summary judgment and the creditor filed a cross motion for summary judgment.
Ruling: 
Unrecorded mortgage liens were exempt from stay due to relation back mechanism of Puerto Rican law.
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Consumer case opionion summary, case decided on April 07,2010, LexisNexis #0710-004

In re Kearns

Debtor filed a Motion for Determination of Contempt, in which he alleged one of his creditors violated the automatic stay in effect in his bankruptcy case. Debtor sought recovery of damages from the creditor as a sanction pursuant to 11 U.S.C.S. §§ 362(k)(1), 105(a). The creditor objected to the motion.
Ruling: 
Presentment of debtor's post-dated check did not violate stay.
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Consumer case opionion summary, case decided on March 30,2010, LexisNexis #0610-108

In re Powers

A chapter 13 debtor filed a second emergency motion for an order to show cause why sanctions should not be granted against his ex-wife and her divorce attorney for alleged violations of the automatic stay. The debtor alleged that they violated the stay by seeking to enforce provisions of a divorce decree in state court.
Ruling: 
Actions to collect domestic support obligation are not subject to automatic stay.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-004

In re Huntington

In a chapter 7 debtor's bankruptcy case, movant creditor filed a motion for relief from stay to record a postpetition attachment against escrowed funds.
Ruling: 
Creditor not allowed relief from stay to perfect postpetition attachment.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-109

In re Fernandez

In a chapter 13 case, the debtor filed an emergency motion to enforce the automatic stay against a county, which sought to enforce a preliminary injunction requiring the debtor to cease a violation of environmental laws.
Ruling: 
Emergency motion to enforce stay to prevent enforcement of environmental lien denied pursuant to police and regulatory powers exception.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0510-110

In re Qimonda AG

Patent owners brought an action before the International Trade Commission for patent infringement against a debtor in foreign insolvency proceedings, and a bankruptcy court entered an order recognizing the foreign proceedings. The Commission contended that the action before the Commission was excepted from the automatic bankruptcy stay under 11 U.S.C.S. § 362(b)(4).
Ruling: 
Patent infringement action before the International Trade Commission was subject to stay once debtor's foreign insolvency proceeding was recognized.
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Commercial case opionion summary, case decided on February 16,2010, LexisNexis #0410-109

In re Forkish

Based upon a motion filed by a chapter 13 debtor, the court issued an order directing his former spouse and her attorney to show cause why sanctions should not be imposed against them for alleged violations of the automatic stay under 11 U.S.C.S. § 362 in connection with state court proceedings for attorney's fees arising from a child support dispute. The debtor also filed an objection to his former spouse's claim for the attorney's fees.
Ruling: 
Debtor's former spouse did not violate stay by seeking determination of amount of attorneys' fees owed in state support proceeding.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0410-006

In re Snowden

Movant debtor filed a motion for sanctions against respondent creditor, asserting it willfully violated the automatic stay in violation of 11 U.S.C.S. § 362(a). The creditor argued it had negotiated a postdated check without knowledge of the debtor's bankruptcy filing.
Ruling: 
Negotiable instrument exception was inapplicable to postpetition electronic funds transfer initiated by bank in violation of stay.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-074

DeSteph v. Connecticut Dept of Banking (In re DeSteph)

Chapter 13 debtor filed an adversary proceeding against defendants, the State of Connecticut Department of Banking, the Commissioner, and a staff member (the State), for the State's alleged violation of the automatic stay under 11 U.S.C.S. § 362 and for violation of N.H. Rev. Stat. Ann. § 358-C. The State filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b).
Ruling: 
State action to enforce securities laws fell within regulatory exception to automatic stay.
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Consumer case opionion summary, case decided on December 02,2009, LexisNexis #0110-075

In re Fitness Mgmt. Group

The State of North Carolina brought an action in a State court against a bankruptcy debtor alleging that the debtor committed unfair and deceptive trade practices by failing to maintain adequate bonds for its health clubs. The State moved for a declaration of exemption from the automatic stay under 11 U.S.C.S. § 362(b)(4) based on the State's exercise of its police and regulatory powers.
Ruling: 
State enforcement of health club bond requirements against debtor was subject to police and regulatory power exception from stay.
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Commercial case opionion summary, case decided on November 23,2009, LexisNexis #1209-112

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