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Hawaii Structural Ironworkers Pension Trust Fund v. Calpine Corp.

Hawaii Structural Ironworkers Pension Trust Fund v. Calpine Corp.

Ruling
Bankruptcy court properly granted injunction against prosecutor of state court action that would cause imminent substantial and irrevocable harm to restructuring.
Procedural posture

A state court action asserted claims against, among others, appellee debtor and five company directors. The debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code. The bankruptcy court granted an injunction pursuant to 11 U.S.C. §§ 105(a) and 362(a)(1), and (a)(3) against the prosecution of the state court action against the directors. Appellant class representative appealed.

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opinion summary, case decided on December 20, 2006 , LexisNexis #0207-001