Legal Opinion

United States v. Wellham (In Re Wellham)

United States Bankruptcy Court, M.D. Tennessee

Decided July 22, 1985No. Bankruptcy 385-01653, 385-01651PublishedCited by 18 opinions

1Opinion of the Court

ORDER

GEORGE C. PAINE, II, Bankruptcy Judge.

This matter is before the court on the motion by United States of America (hereinafter referred to as “movant”) seeking relief from the automatic stay to continue a prepetition civil suit filed against the debtors. The movant asserts the civil action is excepted from the automatic stay as the continuation of an action to enforce the police or regulatory powers of a governmental unit pursuant to 11 U.S.C. § 362(b)(4) (B.C.D.1984). The debtors assert that the suit is stayed since it is an effort on behalf of the movant to gain a pecuniary advantage…

2Cases cited15 opinions

  1. Perez. v. CampbellSupreme Court of the United States · 1971
  2. Turman v. MoralesSupreme Court of the United States · 1982
  3. National Labor Relations Board v. Evans Plumbing CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. Thomassen v. Division of Medical Quality Assurance, Department of Consumer Affairs (In Re Thomassen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
  5. In Re Charter First Mortgage, Inc.United States Bankruptcy Court, D. Oregon · 1984

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3Cited by18 opinions

  1. In Re Commonwealth Companies, Inc.Court of Appeals for the Eighth Circuit · 1990
  2. United States v. Stelweck (In Re Stelweck)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  3. In Re Commerce Oil CompanyCourt of Appeals for the Sixth Circuit · 1988
  4. Chao v. Hospital Staffing Services Inc.Court of Appeals for the Sixth Circuit · 2001
  5. Equitable Life Assurance Society of the United States v. Ballentine Bros., Inc. (In Re Ballentine Bros., Inc.)United States Bankruptcy Court, D. Nebraska · 1988

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