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A writ of execution is issued by the clerk after entry of judgment and directs a levying officer to seize non-exempt property of the debtor. Levy on personal property is by taking or by notice; real property is sold after statutory notice, and Ohio bars a sale of land below two-thirds of an appraised value. Proceeds are distributed in a statutory order that pays costs and prior liens before the judgment creditor.
Habeas jurisdiction is ordinarily assessed at the time the petition is filed, so a transfer that occurs afterward does not usually deprive the court of the case. A transfer before filing changes the district and the proper respondent entirely. The practical protections are confirming custody immediately before filing, asking the court for notice of any intended transfer, and monitoring the public locator throughout.
Section 363(c)(2) prohibits the trustee or debtor in possession from using cash collateral unless each entity with an interest in it consents or the court authorizes the use after notice and a hearing. Cash collateral is defined broadly to include deposit accounts, negotiable instruments, and the proceeds, products, rents and profits of collateral. The rule requires a motion with a concise statement of material terms, and permits a preliminary hearing before the ordinary notice period expires.
The third factor in the preliminary injunction test asks whether the hardship the movant would suffer without relief outweighs the hardship the order would impose on the party restrained. It is a factual comparison decided on declarations, exhibits and occasionally live testimony. Self-inflicted hardship counts for little, the scope of the order can change the answer, and where the government opposes relief the balance is treated as one inquiry with the public interest.
A receiver's authority is defined by the order appointing it rather than by any inherent office. A federal receiver must manage and operate property according to the valid laws of the state where it is situated, and may be sued without leave of the appointing court for acts in carrying on the business. Sales of realty under a court order follow a prescribed public-sale procedure, with private sales requiring notice, a hearing, appraisals and a minimum price.
A stay of removal suspends execution of a final order. It does not vacate the order, grant status, authorize employment or end custody, and it does not reopen the case that produced the order. Four routes generate a stay: the automatic stay while an appeal to the Board runs, a discretionary stay attached to a motion, an administrative stay from the enforcing agency, and a judicial stay from a court of appeals. Each expires on its own terms.
An entity holding personal information it does not own owes notice to the owner or licensee rather than to the individuals. California, Washington and Vermont require that notice immediately following discovery. Florida sets ten days for a third-party agent. The federal health rule allows a business associate sixty calendar days from its own discovery, the same period the covered entity has, which creates a conflict the contract rather than the regulation resolves.
Adequate protection compensates an entity for a decrease in the value of its interest in property caused by the stay, by the use, sale or lease of the property, or by the grant of a lien. Section 361 permits cash payments, an additional or replacement lien, or other relief producing the indubitable equivalent, but not an administrative expense claim. The measure is the decline in the value of the interest, not the value of the collateral or the amount of the debt.
An emergency stay motion carries five things beyond the argument: a statement establishing why the matter cannot wait, the decision under review with the record excerpts the argument depends on, sworn declarations supporting irreparable harm, a proposed order the court can sign, and proof that the other side was served. The appellate rules require some of these expressly and courts expect the rest as a matter of local practice.
Federal Rule of Civil Procedure 65(d)(1) requires every order granting an injunction and every restraining order to state the reasons why it issued, state its terms specifically, and describe in reasonable detail, and not by referring to the complaint or another document, the acts restrained or required. The requirements protect a party facing contempt, and they give a reviewing court something concrete to examine. An order that fails them can be vacated regardless of the merits.
A breach is a defined term, not a description of how bad an incident felt. Most state statutes require unauthorized acquisition of computerized personal information; a minority require access and acquisition together, and several add a harm threshold. The federal health rule runs the other way, presuming a breach and requiring a four-factor risk assessment to rebut it. The data categories that trigger a statute are also defined, and information outside them is not covered.
A single site of employment can be one location or a group of contiguous locations, and a campus or industrial park may be one site. Separate buildings not in immediate proximity may still be one site where they are reasonably close, used for the same purpose and share staff and equipment. Contiguous buildings with separate management, different products and separate workforces are separate sites. Mobile and outstationed workers belong to the home base from which their work is assigned.
