Skip to main content

§ 922(a)

In re City of Stockton

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 .

ABI Membership is required to access the full summary of In re City of Stockton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 18, 2013 , LexisNexis #1013-060

In re Jefferson County

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.

ABI Membership is required to access the full summary of In re Jefferson County Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 19, 2012 , LexisNexis #0113-024

In re City of Stockton

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.

ABI Membership is required to access the full summary of In re City of Stockton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 18, 2012 , LexisNexis #0113-058

In re Jefferson County

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.

ABI Membership is required to access the full summary of In re Jefferson County Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 19, 2012 , LexisNexis #0212-029