Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Restitution payment does not qualify for the new value preference defense.
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Courts use four approaches to harmonize Butner with Segal v. Rochelle.