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S.E.C. v. BRENNAN

Docket No. 00-6128.

230 F.3d 65 (2000)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Robert E. BRENNAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 26, 2000.

Attorney(s) appearing for the Case

Martin L. Perschetz (Alan R. Glickman and Adam J. Freedman, on the brief), Schulte Roth & Zabel LLP, New York, NY, for Defendant-Appellant.

Mark Pennington, Assistant General Counsel (David M. Becker, General Counsel; Jacob H. Stillman, Solicitor; Christopher Paik, Special Counsel; and Meyer Eisenberg, Deputy General Counsel, on the brief), Securities and Exchange Commission, Washington, D.C., for Plaintiff-Appellee.

Before: CALABRESI, CABRANES, and POOLER, Circuit Judges.

Judge CALABRESI dissents in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

This appeal requires us to interpret the automatic stay provision of the Bankruptcy Code, an exception to that provision, and an exception to that exception. Specifically, the question presented, as a matter of first impression, is whether an order obtained by the Securities and Exchange Commission (the "SEC") from the United States District Court for the Southern District...

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