automatic stay 362

• 11 USC 362 - Sec. 362. Automatic stay

• U.S. Code - Title 11: Bankruptcy

• Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor V. Commissioner of Internal Revenue, Respondent

In the Kovitch v. Commr. case, the IRS determined a deficiency with respect to the joint return that petitioner and intervenor filed for 2002. The petitioner filed a petition in which the only issue raised was her entitlement to spousal relief pursuant to Section 6015. The intervenor did not file a petition. The IRS notified the intervenor of the petitioner's petition and his right to intervene pursuant to Section 6015(e)(4) and Rule 325 of the Tax Court Rules of Practice and Procedure. The intervenor filed a notice of intervention and shortly thereafter filed for bankruptcy. Pursuant to 11 U.S.C. Section 362(a)(8) (2000), a bankruptcy filing gives rise to an automatic stay of proceedings in the Tax Court "concerning the debtor." The automatic stay with respect to the intervenor's bankr...

• United States. Tax Court. Reports
• Vol. 128 Nbr. 3/4, March 2007

• Carpet Gallery of Akron, Inc. v. Bloniarz, (Ohio 2002)

bankruptcy, automatic stay, Section 362, Title 11, U.S.Code, non-bankrupt co-defendants, abuse of discretion

• Ohio Supreme Court

• Mechanic's Liens and the Bankruptcy Code

A mechanic's or materialman's lien is a state law lien granted to secure payment of the claims of creditors that supply goods and/or labor for the improvement of real property. While all states have mechanic's lien laws, they differ in the manner in which a creditor creates, perfects and/or enforces the lien. A debtor's bankruptcy filing triggers the automatic stay by virtue of Bankruptcy Code Section 362(a). On Apr 29, 2005, Dianna Phillis Cook (Debtor) and Bobby Dale Welch Construction Company LLC (Welch) entered into a Contractor Agreement. Under the agreement, Welch agreed to construct a home on the Debtor's real property located in Etowah County, AL (the Real Property). The Bankruptcy Court noted that under Alabama's mechanic's lien law, a general contractor's mechanic's lien for g...

• Business Credit
• Vol. 110 Nbr. 6, June 2008

• 5 CFR 582.305 - Honoring legal process.

... garnishment proceedings affected by the automatic stay provision, section 362(a) of title 11. Upon f...

• Code of Federal Regulations - Title 5: Administrative Personnel

• People Place Auto Hand Carwash, Llc, Petitioner V. Commissioner of Internal Revenue, Respondent

In the People Place Auto Hand Carwash LLC v. Commr. case, the limited liability company was owned and operated by a husband and wife. When the petitioner filed the action for redetermination of employment status, the husband and wife were debtors in bankruptcy. The Tax Court held that, because the proceeding concerns the petitioner's employment tax liabilities and not the tax liabilities of the husband and wife, the automatic stay provision of 11 USC sec. 362(a)(8) does not apply to the proceeding. Consideration of equitable relief pursuant to 11 USC sec. 105(a) properly lies with the Bankruptcy Court rather than the Tax Court.

• United States. Tax Court. Reports
• Vol. 126 Nbr. 5/6, May 2006

• The Voicemail Will Get You Every Time

In a recent case In re Hodge, the debtor had filed a Chapter 13 petition. The creditor had received notice of the debtor's petition. Once a petition is filed under the Bankruptcy Code, pursuant to 11 USC § 362, the automatic stay goes into effect which, in essence, means that no party may take any action to enforce or collect a debt against the debtor. If a lawsuit is pending, the lawsuit is stayed, and you can't contact the debtor to get an obligation paid. The statute is pretty clear that you can't contact the debtor. A voicemail is just like saying it in person. If you have grounds for relief from stay, hire a lawyer to move for relief from stay. Generally, an unsecured creditor does not.

• Debt 3
• Vol. 23 Nbr. 1, January 2008

• Woodell v. Ormet Primary Aluminum Corp., (Ohio 2004)

Bankruptcy; 11 U.S.C. 362; Automatic stay; Summary judgment; National Labor Relations Act; Protected activity relates to terms and conditions of employment; If unprotected activity, prove by clear proof that union condoned activity; Chants concerning supervisor are protected; Graffiti about supervisor's wife is unprotected; Failed to show union condoned or participated in graffiti writing; Confrontations were protected, however, even if they were not, he failed to show that union condoned activity; Costs; Civ.R. 54(D); No abuse of discretion.

• Ohio Supreme Court

• In Re. Stone Resources, Inc. v., (3rd Cir. 2012)

... in the alternative, for relief from the automatic stay to permit it to enforce the preliminary injun...See 11U.S.C. ' 362(a). MarbleLife moved to dismiss the bankruptcy pet...

• Federal Circuits

• Citizens Bank of Md. v. Strumpf, 516 U.S. 16 (1995)

..., a bankruptcy filing gives rise to an automatic stay of a creditor's "setoff of any debt owing to ...S. C. § 362(a)(7). Mter respondent had filed in bankruptcy, pe...

• U.S. Supreme Court