El Monte Bankruptcy Attorney

Bankruptcy | Case Law | Preliminary Injunction

PRELIMINARY INJUNCTION

In re Excel Innovations, Inc., 502 F.3d 1086 (9th Cir. 2007), cert. denied, 128 S.Ct. 2080 (2008)

Distinguishing Crown Vantage, the court held that “our usual preliminary injunction

standard applies to applications to stay actions against non-debtors under § 105(a). In granting or

denying such an injunction, a bankruptcy court must consider whether the debtor has a reasonable

likelihood of a successful reorganization, the relative hardship of the parties, and any public

interest concerns if relevant.”

In re Focus Media, Inc., 387 F.3d 1077 (9th Cir. 2004), cert. denied, 544 U.S. 92, 125 S.Ct. 1674

(2005)

“. . .[W]e hold that where, as here, a party in an adversary bankruptcy proceeding alleges

fraudulent conveyance or other equitable causes of action, Grupo Mexicano does not bar the

issuance of a preliminary injunction.”

Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 321 F.3d 878 (9th Cir. 2003)

“To obtain a preliminary injunction, a party must make a clear showing of either (1)a

combination of probable successes on the merits and a possibility of irreparable injury, or (2) that

its claims raise serious questions as to the merits and that the balance of hardships tips in its

favor.”

S.O.C., Inc., v. County of Clark, 152 F.3d 1136 (9th Cir. 1998), amended by 160 F.3d 541 (9th

Cir. 1998)

To succeed on this appeal from the district court's denial of preliminary injunctive relief,

Appellants "must show either (1) a likelihood of success on the merits and the possibility of

irreparable injury, or (2) the existence of serious questions going to the merits and the balance of

hardships tipping in their favor." Gilder v. PGA Tour, Inc., 936 F.2d 417, 422 (9th Cir.1991).

CHoPP Computer Corp v. U.S., 5 F.3d 1344 (9th Cir. 1993), cert. denied, 513 U.S. 811 (1994)

In addition to civil contempt, damages may also be awarded for violation of a preliminary

injunction

Big Country Foods, Inc. v. Board of Education, 868 F.2d 1085 (9th Cir. 1989)

Arcamuzi v. Continental Air Lines, Inc., 819 F.2d 935 (9th Cir. 1987)

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