- 11 U.S.C.
In re Halo Wireless v. Alenco Communs. Inc. (In re Halo Wireless Inc.)
Jun
18
2012
Ruling
Public utilities commission suits were excepted from stay as actions by governmental units in furtherance of regulatory or police powers.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Paul
Jun
08
2012
Ruling
Prepetition eviction judgment on non-monetary basis was not subject to stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Sweetenburg
May
18
2012
Ruling
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
Procedural posture
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).
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Court
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In re Webb
Apr
09
2012
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.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Santana
Mar
09
2012
Ruling
State court criminal proceeding was not subject to stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re B.Y.O.B. Inc.
Feb
17
2012
Ruling
Proceedings concerning state regulation of alcoholic beverages were not subject to stay pursuant to police and regulatory powers exception.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Palmieri
Nov
21
2011
Ruling
Postpetition motion for spousal support filed in state court was excepted from stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Anderson
Oct
17
2011
Ruling
Relief from stay granted to allow representative of debtor's minor children to collect fees from marriage dissolution as a domestic support order.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Perez Mujica v. FirstBank P.R. (In re Perez Mujica)
Sep
08
2011
Ruling
Relief from stay denied where creditor had not recorded mortgage and was unsecured.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Secrest v. Secrest (In re Secrest)
Jul
15
2011
Ruling
Relief from stay granted to allow debtor's spouse equitable distribution provided no property was transferred out of the estate.
Procedural posture
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.
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Court
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