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To: Oldexpat

No, that’s not what happened...once filed in Bankruptcy court...all state court actions are stayed. County Judge has no authority...


3 posted on 07/19/2013 12:18:23 PM PDT by Tulane
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To: Tulane
No, that’s not what happened...once filed in Bankruptcy court...all state court actions are stayed. County Judge has no authority...

(1) You're right, but

(2) even had the state court judge issued an injunction before the filing, there is a lot of caselaw saying that a state court cannot enjoin someone from filing bankruptcy, because the right to do so arises under federal law, and the Supremacy Clause therefore bars such injunctions.

7 posted on 07/19/2013 12:37:18 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Tulane
Here she is in her full regalia, she looks like a prize to be married too...

http://www.detroitnews.com/article/20130719/METRO01/307190099/Ingham-County-judge-rules-Detroit-bankruptcy-withdrawn?odyssey=tab|topnews|text|FRONTPAGE

http://www.businessinsider.com/detroit-bankruptcy-said-unconstitutional-2013-7

9 posted on 07/19/2013 12:43:08 PM PDT by taildragger (The E-GOP won't know what hit them, The Party of Reagan is almost here, hang tight folks.....)
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