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§ 922

Fin. Oversight & Mgmt. Bd., In re

Jul
31
2019
Ruling
Creditors could not use § 922 to bypass the requirement of obtaining traditional stay reliefin order to bring an enforcement action. (1st Cir.)
Issue(s)
Automatic Stay of Enforcement of Claims Against the Debtor.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 31, 2019 , LexisNexis #0919-092
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In re City of Stockton

Sep
18
2013
Ruling
Stay did not apply in city's chapter 9 case to non-monetary litigation brought by citizens.
Issue(s)
Was citizen's ballot statement litigation, not seeking monetary award, barred by stay .

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Commercial opinion summary, case decided on September 18, 2013 , LexisNexis #1013-060
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In re Jefferson County

Dec
19
2012
Ruling
Relief from stay for municipalities reliant on debtor county's hospital denied.
Procedural posture

Movants, various municipal entities reliant upon debtor county's hospital, requested a determination that the automatic stays of 11 U.S.C.S. §§ 362(a) and 922(a) did not apply to certain actions sought to be taken by the municipal parties. The dispute revolved around the provision of inpatient and emergency room medical care for indigent residents under the Alabama Health Care Responsibility Act (AHCRA), Ala. Code § 22-21-290 et seq.

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Commercial opinion summary, case decided on December 19, 2012 , LexisNexis #0113-024
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In re City of Stockton

Dec
18
2012
Ruling
Relief from stay to allow lawsuit against debtor city's municipal officers denied.
Procedural posture

Movant (the plaintiff in a civil action pending in the U.S. District Court for the Eastern District of California in the nature of wrongful discharge) sought relief from the automatic stay. Debtor, the City of Stockton, California, opposed the motion.

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Commercial opinion summary, case decided on December 18, 2012 , LexisNexis #0113-058
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In re Jefferson County

Jan
19
2012
Ruling
Relief from stay to allow receivership case against chapter 9 debtor county's sewer system to proceed denied.
Procedural posture

The indenture trustee for holders of warrants moved for the court to abstain from taking any action to interfere with a pending state court receivership case for chapter 9 debtor county's sewer system, and to determine that the automatic stays of 11 U.S.C.S. §§ 362(a), 922(a) did not apply to the receivership case or the receiver, who was entitled to continue as receiver of the sewer system properties.

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Commercial opinion summary, case decided on January 19, 2012 , LexisNexis #0212-029
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Maddalone v. Solano County

Jan
05
2009
Ruling
Stay in chapter 9 case was not applicable to case brought by prisoner against city officials.
Procedural posture

Plaintiff was a prisoner proceeding without counsel in an action under 42 U.S.C.S. § 1983. Defendants were Solano County (California), et al. The prisoner filed an affidavit which contained a request for a continuance of 6 months. Defendants filed a Notice of Automatic Stay, asserting that the claims in this case were subject to the automatic stay under 11 U.S.C.S. §§ 362, 922. Defendants did not oppose the prisoner's request for a 6 month stay.

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Commercial opinion summary, case decided on January 05, 2009 , LexisNexis #0209-085
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