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Breaking with a Sixth Circuit decision to the contrary, in a March 2021 decision in Stewart v. Holland, the District Court for the Western District of Pennsylvania held that unfair labor claims brought by the Department of Labor against a debtor under the Fair Labor Standards Act ("FLSA") were not barred by the automatic stay but could instead proceed under the "police powers exception." A debtor's bankruptcy filing triggers the "automatic stay," which immediately enjoins, among other things, the commencement and continuation of most litigation against the debtor. 2 The purpose of the automa...

On March 29, the Centers for Disease Control and Prevention (CDC) extended the September 4 CDC Order, which temporarily halted certain residential nonpayment evictions, through June 30, 2021. It was previously set to expire on March 31. In addition, on March 29, the Federal Trade Commission and Consumer Financial Protection Bureau issued a CDC’s March 29 Extension Order Specifically, CDC Director Rochelle Walensky signed a 17-page Order extending the September 4 CDC Order until June 30. Therein, Director Walensky explained: [D]espite higher rates of vaccine coverage, the simultaneous r...

Facing an estimated debt of $19 billion. kevyn orr is detroit's emergency manager who has to figure out how to run the city. mr. orr, welcome to "fox news sunday." >> thank you, chris. >> chris: on friday a county judge ordered that the bankruptcy filing be withdrawn because she said that it violates the rights of the city pensioners. let's put up on the scene, because article 9, section 24 of the michigan constitution says the, quote, financial benefits of each pension plan and retirement system of the state and its political subdivision sham not be diminished. the state is appealing that cou...

Shall not be diminished. now, the state is appealing that court order but is the county judge wrong? >> well, chris, as you just noted, that's currently in litigation on appeal. to the michigan court of appeals. and because of that i'm somewhat limited in what i can or should say. suffice it to say there are important questions of federalism involved. i think the automatic stay was attached prior to that. >> just to follow up briefly, obviously when you file bankruptcy, you knew what the michigan state constitution said, so why didn't that stop you? >> well, no, we have some pretty grievous pr...

History to file for bankruptcy, facing an estimated debt of $19 billion. kevyn orr is detroit's emergency manager who has to figure out how to run the city. mr. orr, welcome to "fox news sunday." >> thank you, chris. >> chris: on friday a county judge ordered that the bankruptcy filing be withdrawn because she said that it violates the rights of the city pensioners. let's put up on the scene, because article 9, section 24 of the michigan constitution says the, quote, financial benefits of each pension plan and retirement system of the state and its political subdivision sham not be diminished....