Legal Opinion

In Re Santa Rosa Truck Stop, Inc.

United States Bankruptcy Court, N.D. Florida

Decided June 12, 1987No. 17-30087PublishedCited by 25 opinions

1Opinion of the Court

ORDER ON MOTION FOR CONTEMPT

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS CAUSE was heard on May 21, 1987, on the motion filed by Santa Rosa Truck Stop, Inc., the debtor-in-possession, to hold Internal Revenue Service (I.R.S.) in contempt. The I.R.S. readily admits to violating the automatic stay imposed by 11 U.S.C. § 362 several times but claims that it should not be subjected to sanctions because the violations were not willful.

This Court may hear and decide civil contempt proceedings based on violation of the automatic stay and impose sanctions as provided for in Title 11 U.S.C. § 362(h).…

2Cases cited4 opinions

  1. Better Homes of Virginia, Inc. v. Budget Service Co. (In Re Better Homes of Virginia, Inc.)District Court, E.D. Virginia · 1985
  2. United States v. Coleman American Companies, Inc. (In Re Coleman American Companies, Inc.)United States Bankruptcy Court, D. Kansas · 1983
  3. In Re ShaferUnited States Bankruptcy Court, D. Kansas · 1986
  4. In Re Elegant Concepts, Ltd.United States Bankruptcy Court, E.D. New York · 1986

3Cited by25 opinions

  1. Aponte v. Aungst (In Re Aponte)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Stucka v. United States of America (In Re Stucka)United States Bankruptcy Court, C.D. California · 1987
  3. In Re PriceUnited States Bankruptcy Court, N.D. Illinois · 1989
  4. United States v. Germaine (In Re Germaine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  5. Shadduck v. RodolakisDistrict Court, D. Massachusetts · 1998

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