Shareholder Gary Rudolph published a case update analyzing In re Deborah Lynn Partida, 862 F.3d 909 (9th Cir. 2017) for the Insolvency Law Committee of the California Lawyers Association Business Law Section.
In the update, Mr. Rudolph explains how the U.S. Court of Appeals for the Ninth Circuit held that the federal government’s collection of criminal restitution under the Mandatory Victims Restitutions Act (“MVRA”) does not violate the automatic stay provisions of 11 U.S.C. §362(a).
The case illustrates the exception to the automatic stay for the collection efforts in a criminal act of proceeding and how it’s interpreted and applied. In short, the plain meaning and legislative history of the MVRA supports the correctness of how the criminal restitution enforcement provision overrides the automatic stay.
Mr. Rudolph practices in the area of bankruptcy and other insolvency problems, representing trustees, creditors and debtors in commercial bankruptcies. He is also a mediator for the United States Bankruptcy Court, Southern District of California. His representation in the Bankruptcy Court includes official unsecured creditor committees, bankruptcy trustees, corporate Chapter 7 debtors, Chapter 11 debtors-in-possession, and creditors in all bankruptcy matters.
About Sullivan Hill:
Sullivan Hill has provided efficient, aggressive and responsive legal representation for more than 50 years. The firm provides full service representation to clients in a variety of industries with an emphasis in insolvency, construction disputes, insurance coverage, real estate, business disputes, civil litigation, and transactional work. The firm has offices in San Diego and Las Vegas.