FTC police power
Posted: Fri Oct 27, 2017 4:20 pm
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Anyone ever deal with the police power exception to the automatic stay as to the all-powerful FTC's enforcement actions?
I filed a motion for sanctions for violating the automatic stay for attempting to proceed to trial against an inactive entity (SFA zero for YTS and one year prior with $60,000 in the 2nd year prior). Only a civil action is pending where they allege a common enterprise scheme where my client who had no control, decision-making and was only a former technical/computer services provider).
To sanction or not to sanction? vs. stay or not to stay? with the side issue can an entity collect under the 362k which says an "individual" can collect actual damages and attorney fees. (I think there is a split in the circuits where the majority says use 105)
Please email offline.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
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Anyone ever deal with the police power exception to the automatic stay as to the all-powerful FTC's enforcement actions? I filed a motion for sanctions for violating the automatic stay for attempting to proceed to trial against an inactive entity (SFA zero for YTS and one year prior with $60,000 in the 2nd year prior). Only a civil action is pending where they allege a common enterprise scheme where my client who had no control, decision-making and was only a former technical/computer services provider). To sanction or not to sanction? vs. stay or not to stay? with the side issue can an entity collect under the 362k which says an "individual" can collect actual damages and attorney fees. (I think there is a split in the circuits where the majority says use 105)Please email offline. Very truly yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220 Canoga Park, California 91303Tel: (818) 992-6588Fax: (818) 992-6511Email: ssoesq@aol.comwww.shaioved.com________________The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.Sent from my iPhone
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