Did fdic violate automatic stay provision of bankruptcy code/ Management Theories
When a Florida court dismissed Nellie Cortez’s voluntary bankruptcy petition, it ordered her not to file another petition “under any chapter of the Bankruptcy Code for a period of twelve months.” Two months later, an involuntary bankruptcy petition was filed in California by Cortez’s stepfather, Thomas Bronkovic.
The California court dismissed that case, finding that Cortez had colluded with her stepfather and that the case was, in fact, her own “voluntary” petition rather than her stepfather’s “involuntary” petition.
While the California case was pending, the FDIC brought suit against Cortez to enforce certain promissory notes. Did FDIC violate the automatic stay provision of the Bankruptcy Code? Why or why not?
Federal Deposit Insurance Corporation v. Cortez, 96-6047, U.S. Court of Appeals (2nd. Cir.).
