In Re Commonwealth Companies, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “a governmental action attempting to fix damages for violation of the FCA comes within § 362(b)(4).”
• noting the legislative history “makes it plain that § 362(b)(4) permits the government to seek the entry of a money judgment as its sole remedy for the violation of a fraud or other police or regulatory law.”
• government’s attempt to obtain entry of judgment against debtors for debtors’ alleged violations of False Claims Act excepted from stay
• “it seems inescapable then that a governmental action attempting to fix damages for violation of the FCA comes within § 362(b)(4)”
• “ ‘Under the ‘pecuniary interest’ test as it seems to be applied, a money judgment could never be entered against a debtor, for it would necessarily represent only a ‘pecuniary interest’ in the property of the debtor, thus triggering the automatic stay.’ ”

Source: CourtListener parenthetical corpus (CC0).