Aug
29
2019
THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar
Ruling:
Automatic stay barred withholding of post-petition Medicare reimbursements, which wereproperty of the estate and did not fall within the police power exception. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 29,2019, LexisNexis #1019-079
Mar
19
2019
Rodriguez, In re
Ruling:
Reconsideration of order to remand preliminary injunction enforcement matter denied asdebtor failed to meet his burden of persuasion that the remand order was the product of clearerror or was manifestly unjust. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 19,2019, LexisNexis #0519-053
May
18
2018
FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n
Ruling:
Court ruled that FERC was not allowed to exercise its police and regulatory powers to bypassthe automatic stay imposed by the court in proceedings involving parties to a power contractregulated by FERC. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on May 18,2018, LexisNexis #0618-066
Apr
04
2018
Cantrell Drug Co., In re--Cantrell Drug Co. v. United States
Ruling:
Court concluded that an FDA action was excepted from automatic stay where the FDA was seeking primarily injunctive relief and would not have enjoyed an economic advantage over the debtor's creditors. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on April 04,2018, LexisNexis #0518-033
Feb
01
2018
Hicks, In re
Ruling:
City's actions in immobilizing debtor's vehicle after she filed for bankruptcy did not violatethe automatic stay as the City's purpose was to ensure public safety. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 01,2018, LexisNexis #0318-032
Apr
20
2017
Porter v. Nabors Drilling USA, L.P.
Ruling:
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
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Commercial case opionion summary, case decided on April 20,2017, LexisNexis #0517-093
Apr
03
2017
Dingley, In re--Dingley v. Yellow Logistics. LLC
Ruling:
Bankruptcy court erred in sanctioning creditor for violation of automatic stay by pursuing civil contempt proceedings against debtor as civil contempt proceedings were exempted from stay. (9th Cir.)
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Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-035
Nov
28
2016
In re Altegrity, Inc.
Ruling:
Litigation brought be truck driver before the Department of Labor did not fall within thepolice powers exception to the automatic stay. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 28,2016, LexisNexis #1216-096
Nov
29
2016
Parkview Adventist Med. Ctr. v. United States
Ruling:
Medicare and Medicaid service provide properly allowed to terminate executory contractdebtor hospital as an exercise of regulatory power. (1st Cir.)
Court: 1st Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on November 29,2016, LexisNexis #1216-095
Oct
13
2016
In re McOuat
Ruling:
Government claims under the False Claims Act were excepted from the automatic stay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 13,2016, LexisNexis #1116-038
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