Legal Opinion
In Re Nelson
United States Bankruptcy Court, D. Maine
Decided November 12, 1999No. 19-10091PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES B. HAINES, Jr., Chief Judge.
Before me is the State of Maine’s motion seeking clarification of the automatic stay’s scope or, alternatively, relief from the stay. The material facts are not in dispute. The parties and the Chapter 13 trustee have argued the motion’s merits and have briefed the issues. For the reasons set forth below, I conclude that the State’s pending state court action against the debtor is excepted from U.S. Bankruptcy Code § 362(a)’s automatic stay by § 362(b)(4). 1
FACTS
Gerald Nelson filed a voluntary Chapter 13 petition on July 19, 1999. Pending…
2Cases cited15 opinions
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- Board of Governors of the Federal Reserve System v. MCorp Financial, Inc.Supreme Court of the United States · 1991
- Arthur J. COURNOYER, D/B/A Cournoyer’s Used Truck Parts, Plaintiff, Appellant, v. TOWN OF LINCOLN, Defendant, AppelleeCourt of Appeals for the First Circuit · 1986
- Whitaker v. Lockert (In Re Whitaker)United States Bankruptcy Court, M.D. Tennessee · 1982
- Ahrens Aircraft, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1983
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DEPT. OF SECURITIES EX REL. FAUGHT v. BlairSupreme Court of Oklahoma · 2010
- Oklahoma Department of Securities ex rel. Faught v. BlairSupreme Court of Oklahoma · 2010
- United States v. LTV Steel Co., Inc.District Court, W.D. Pennsylvania · 2001
- In re GuardiaUnited States Bankruptcy Court, S.D. Florida. · 2014
- Luis M. Ruiz Ruiz v. Commonwealth of Puerto Rico, Through Secretary of Justice, Inés Del C. Carrau Martínez; PR Department of Agriculture, Through Its Secretary, Agro. Carlos Alberto Flores Ortega; Office for the Regulation of the Dairy Industry (ORIL) ThroughUnited States Bankruptcy Court, D. Puerto Rico · 2021
3 more not listed; retrieve them via the Exa API.