IN RE CHATEAUGAY CORP.

Bankruptcy Nos. 86 B 11270 (BRL) through 86 B 11334 (BRL), 86 B 11402 (BRL) and 86 B 11464 (BRL).

115 B.R. 28 (1988)

In re CHATEAUGAY CORPORATION, Reomar, Inc., the LTV Corporation, et al., Debtors.

United States Bankruptcy Court, S.D. New York.

September 29, 1988.


Attorney(s) appearing for the Case

Levin & Weintraub, Crames & Edelman, New York City by Marc Abrams, Steven E. Fox, and Davis Polk & Wardwell, New York City, Verner, Lipfert, Bernhard, McPherson and Hand, Chartered, Washington, D.C. by Stuart F. Pierson, for debtors.

Stroock & Stroock & Lavan, New York City by Arlene Krieger, for creditors committee.

Rudolph W. Giuliani, U.S. Atty., New York City by Susan P. Johnston, U.S. Dept. of Justice, Trial Atty., Civil Div., Commercial Litigation Branch, Washington, D.C. by Marlene F. Gibbons, for U.S. and the Secretary of Educ., Dept. of Educ.


ABSTRACT OF RULING OF SEPTEMBER 29, 1988 RELATING TO SECTIONS 362(b)(4) AND (b)(5) (AUTOMATIC STAY EXCEPTION)

BURTON R. LIFLAND, Chief Judge.

ISSUES

1) Whether prosecution under the False Claims Act, 31 U.S.C. §§ 3729-33, is included in the exception from the automatic stay provided in §§ 362(b)(4) and (b)(5) of the Code.

2) Whether there is cause sufficient to allow relief from the automatic stay under § 362(d) of...

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