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Bankruptcy | Case Law | Injunction
INJUNCTION (see also Preliminary Injunction)
In re Excel Innovations, Inc., 502 F.3d 1086 (9th Cir. 2007), cert. denied, 128 S.Ct. 2080 (2008)
Distinguishing Crown Vantage, infra, the court held that “our usual preliminary injunction
standard applies to applications to stay actions against non-debtors under § 105(a). In granting or
denying such an injunction, a bankruptcy court must consider whether the debtor has a reasonable
likelihood of a successful reorganization, the relative hardship of the parties, and any public
interest concerns if relevant.”
In re Crown Vantage, Inc., 421 F.3d 963, 975 (9th Cir. 2005)
“The only requirement for the issuance of an injunction under § 105 is that the remedy
conform to the objectives of the bankruptcy code.” The standard for issuing a preliminary injunction does not apply to injunctions issued under § 105. In re Manning, 236 B.R. 14 (9th Cir. B.A.P. 1999) Bankruptcy court properly issued injunction barring state court action against creditor involved in foreign insolvency proceeding. In re Pacific Land Sales, Inc., 187 B.R. 302 (9th Cir. B.A.P. 1995) Bankruptcy Court has properly enjoined FCC and state court proceedings. Amwest Mortgage Corp. v. Grady, 925 F.2d 1162 (9th Cir. 1991) Permanent injunction of state court proceedings to protect res judicata effect of previous judgment - standard In re Lenox, 902 F.2d 737 (9th Cir. 1990) §105 - Bankruptcy Court has the power sua sponte to reconsider any of its orders, and may even ignore stipulations upon showing that parties have not changed their position in reliance In re Reilly, 112 B.R. 1014 (9th Cir. B.A.P. 1990) Orders enjoining debtors from filing documents - Protective injunctive order fails when debtors unable to defend against claims In re American Bicycle Association, 895 F.2d 1277 (9th Cir. 1990) Anti-injunction Act precludes bankruptcy court from enjoining IRS from collecting responsible officer 100% penalty In re American Hardwoods, Inc., 885 F.2d 621 (9th Cir. 1989) While Bankruptcy Court may issue preliminary injunction against collection efforts as to nondebtor corp. officers, court may not issue a permanent injunction. In re Heincy, 858 F.2d 548 (9th Cir. 1988) Bankruptcy Court has the power to enjoin state criminal proceedings...injunction issued is to restitution order did not comply with Younger v. Harris. 202