Legal Opinion

Industrial National Bank of Rhode Island v. Miceli (In Re Gencarelli)

United States Bankruptcy Court, D. Rhode Island

Decided October 20, 1981No. Bankruptcy No. 8100035, Adv. No. 810234PublishedCited by 14 opinions

1Opinion of the Court

ORDER ENJOINING REVOCATION OF LIQUOR LICENSE

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The issue in this case is whether a municipal government’s attempted revocation of the Debtor’s liquor license is a violation of the automatic stay provision of 11 U.S.C. § 362.

The Debtor, Robert F. Gencarelli, d/b/a Clover Ledge, filed a Chapter 7 petition on April 27, 1981. Included as an asset of the estate is a Class B liquor license issued by the Town of Westerly. The license is subject to a perfected security interest held by Industrial National Bank. Subsequent to the filing, the Clover Ledge was…

2Cases cited8 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
  3. Commonwealth, Department of Environmental Resources v. Peggs Run Coal Co.Commonwealth Court of Pennsylvania · 1980
  4. Colonial Tavern, Inc. v. ByrneDistrict Court, D. Massachusetts · 1976
  5. Matto's, Inc. v. Olde Colonie Place (In Re Matto's, Inc.)United States Bankruptcy Court, E.D. Michigan · 1981

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3Cited by14 opinions

  1. Muzio v. Sampson (In Re Sampson)United States Bankruptcy Court, D. Connecticut · 1982
  2. Aegean Fare, Inc. v. Licensing Board (In Re Aegean Fare, Inc.)United States Bankruptcy Court, D. Massachusetts · 1983
  3. Cash Currency Exchange, Inc. v. Shine (In Re Cash Currency Exchange, Inc.)District Court, N.D. Illinois · 1984
  4. In Re HoffmanDistrict Court, D. Rhode Island · 1986
  5. In Re MasonUnited States Bankruptcy Court, W.D. Tennessee · 1982

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