ITC Fights For Regulatory Power Over Bankruptcy Stays

Law360, New York (May 4, 2010, 12:57 PM EDT) -- Insisting that Section 337 investigations are regulatory actions excluded from automatic stays, the U.S. International Trade Commission has challenged a bankruptcy judge’s decision to halt the agency’s probe of Qimonda AG in the wake of the semiconductor maker’s Chapter 15 filing.

On Monday the ITC appealed the February stay to the U.S. District Court for the Eastern District of Virginia, contending that the bankruptcy court fundamentally misunderstood the nature of 337 investigations and miscast the agency as a creditor rather than a regulator.

The U.S. Bankruptcy...
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