Legal Opinion

Nicholas Kadlec and Casey Reid-Kadlec

United States Bankruptcy Court, D. New Mexico

Decided April 26, 2024No. 23-10753Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: NICHOLAS KADLEC and, Case no. 23-10753-t7 CASEY REID-KADLEC, Debtors. 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 Debtor Nicholas Kadlec 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…

2Cases cited26 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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