The judge wrote that he would transfer the case to the U.S. District Court for the Eastern District of Missouri.
  • BertramDitore@lemm.eeEnglish
    51·
    30 days ago

    What’s the process for if the new venue doesn’t issue a stay, but the final outcome is that they strike down the relief? (I’m really asking.) My payments start back up, and then a month later they double or triple based on the outcome of the case? I just assumed the new venue would stay the relief from going into effect before making a ruling, but you’ve made me nervous.

    • Telodzrum@lemmy.world
      2·
      29 days ago

      You’ve actually stated one of the main reasons that TROs are issued. One of the required showings by the petitioning party is to demonstrate “imminent” and “irreparable harm.” In this case the imminent is shown by the plan’s policies and planned implementation as well as the fact that there was a date promulgated for commencement. Irreparable harm would be demonstrated by something similar to your scenario – the petitioner would argue that if it goes into effect and the final determination is that it should not have been permitted to go into effect, that monies which should have been rightfully collected are forever lost, absent an otherwise unnecessary affirmative and costly process of collecting on the marginal difference of payments owed.

      To more directly answer your question, the court would direct the companies to collect in a manner which is least onerous to both parties (debtor and creditor); likely a long period of increased collections or (IMHO, more likely) extending the payment period to collect the now-again additional amount due.

      I agree with you though, I think given the circumstances and gravity to individual debtors in this case the prudent thing is to stay implementation of the program.