§ 362(b)

Bartel v. Walsh (In re Bartel)

Appellant debtor sought review of a decision of the Bankruptcy Court for the District of Massachusetts, which granted the motion of defendants, a district attorney for Bristol County, and a police officer, for summary judgment. The debtor had alleged civil rights violations, violation of the automatic stay under 11 U.S.C.S. § 362, and abuse of process.
Ruling: 
Seizure of debtor's financial records as part of criminal proceeding did not violate stay.
ABI Membership is required to access the full summary of Bartel v. Walsh (In re Bartel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0609-131

In re Pollock

The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.
Ruling: 
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
ABI Membership is required to access the full summary of In re Pollock. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0609-039

Jahn v. United States (In re WinPar Hospitality Chattanooga LLC)

Plaintiff trustee filed an action against defendant government, alleging that the government violated the automatic stay of 11 U.S.C.S. § 362 by seeking the forfeiture of estate property. The trustee filed a motion for partial summary judgment, and the government filed a cross- motion for summary judgment and a motion to dismiss.
Ruling: 
Government forfeiture proceeding predicated on postpetition criminal activity did not violate stay.
ABI Membership is required to access the full summary of Jahn v. United States (In re WinPar Hospitality Chattanooga LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 06,2009, LexisNexis #0309-109

Davison v. Kanipe

Appellant debtor challenged an order of the United States Bankruptcy Court for the Eastern District of Tennessee that denied her motion to declare a violation of the automatic stay under 11 U.S.C.S. § 362, and to impose sanctions against appellee creditor, a check cashing service that negotiated, postpetition, a pre-petition check she had written pursuant to the Deferred Presentment Services Act, authorized by Tenn. Code Ann. § 45-17-101 et seq.
Ruling: 
Postpetition negotiation of prepetition check did not violate stay where creditor returned funds upon notice of filing.
ABI Membership is required to access the full summary of Davison v. Kanipe. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 05,2009, LexisNexis #0309-040

Garcia-Lawson v. Garland

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
ABI Membership is required to access the full summary of Garcia-Lawson v. Garland. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-043

In re Mystic Tank Lines Corp.

Appellant debtor, a gasoline shipper, challenged a judgment of the United States District Court for the District of New Jersey, affirming the bankruptcy court's allowance of a claim by appellee the State of New York based on damages for the clean-up of soil and groundwater contaminated with petroleum products caused by a leak at a gas station that was traced to a delivery of gasoline by the debtor.
Ruling: 
Default judgment for environmental clean-up after debtor caused a gasoline leak was within police powers exception to stay.
ABI Membership is required to access the full summary of In re Mystic Tank Lines Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1108-060

Bartel v. Walsh (In re Bartel)

Plaintiff, the chapter 7 debtor, brought adversary claims seeking damages and injunctive relief against defendants, a former district attorney (D.A.) and a state police officer, alleging they violated the automatic stay by instituting criminal proceedings against him and seizing his financial records pursuant to a search warrant, depriving him of the protection of the automatic stay. The D.A. and the officer moved for summary judgment.
Ruling: 
There are no exceptions to criminal prosecution exception from stay.
ABI Membership is required to access the full summary of Bartel v. Walsh (In re Bartel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-059

Vasquez v. Georgia Dept of Human Res. Office of Child Support Servs.

Appellant debtor sought review of a decision of a bankruptcy court, which denied the debtor's motion to stop the garnishment of the debtor's wages by appellee the Georgia Department of Human Resources, Office of Child Support Services (State).
Ruling: 
Bankruptcy court erred in assuming wage granishment by state was related to a valid domestic support obligation.
ABI Membership is required to access the full summary of Vasquez v. Georgia Dept of Human Res. Office of Child Support Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-111

United States v. Henry

Intervening plaintiffs filed a motion for sanctions and the issuance of an order to show cause why movant should not have been held in contempt of court.
Ruling: 
Criminal contempt proceeding for debtor's deletion of computer files that were subject to subpeona was not subject to stay.
ABI Membership is required to access the full summary of United States v. Henry. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 01,2008, LexisNexis #0708-112

In re Keuler

Debtor objected to a secured proof of claim for real estate property taxes filed by creditor, a county.
Ruling: 
Tax liens filed against debtor's property during pendency of prior owner's bankruptcy were void.
ABI Membership is required to access the full summary of In re Keuler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 14,2008, LexisNexis #1008-094

Pages

Subscribe to § 362(b)