Legal Opinion

NM Solar Group Inc., a New Mexico Corporation

United States Bankruptcy Court, D. New Mexico

Decided April 24, 2024No. 23-10728Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: NM SOLAR GROUP, INC., Case no. 23-10728 Debtor. OPINION Before the Court is the New Mexico Attorney General’s motion for a declaration that the automatic stay imposed by § 362(a)1 does not apply to a prepetition state court action he brought against the Debtor and others, or alternatively for relief from the stay. At issue is whether the action comes within § 362(b)(4), the “police power” exception to the automatic stay. The Court concludes that some of the counts asserted in the action are within the police power exception, while…

2Cases cited32 opinions

  1. Alfred L. Snapp & Son, Inc. v. Puerto Rico Ex Rel. BarezSupreme Court of the United States · 1982
  2. Hobby Lobby Stores, Inc. v. SebeliusCourt of Appeals for the Tenth Circuit · 2013
  3. Turman v. MoralesSupreme Court of the United States · 1982
  4. In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
  5. Hale v. Basin Motor Co.New Mexico Supreme Court · 1990

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