Legal Opinion

United States v. Whiting Pools, Inc. (In Re Whiting Pools, Inc.)

United States Bankruptcy Court, W.D. New York

Decided April 28, 1981No. 1-19-10385PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The United States of America has commenced an action under 11 U.S.C. § 362(d) of the new Bankruptcy Code seeking a determination that the automatic stay provisions of Bankruptcy Code 11 U.S.C. § 362(a) are not applicable to it with respect to certain property seized by the Internal Revenue Service from Whiting Pools, Inc. to satisfy unpaid employment taxes; or alternatively, seeking relief from the automatic stay provisions of 11 U.S.C. § 362 to permit the Internal Revenue Service to sell the seized property. A preliminary hearing was…

2Cases cited8 opinions

  1. Phelps v. United StatesSupreme Court of the United States · 1975
  2. Emil v. HanleySupreme Court of the United States · 1943
  3. In Re Third Ave. Transit Corp. Melniker v. LehmanCourt of Appeals for the Second Circuit · 1952
  4. Reconstruction Finance Corp. v. Kaplan in Re Waltham Watch CoCourt of Appeals for the First Circuit · 1951
  5. In Re Franklin Garden ApartmentsCourt of Appeals for the Second Circuit · 1941

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
  3. Carlos Resendez, Jr., and Marlene Resendez v. Dwight Lindquist, William Westphal and J. J. MickelsonCourt of Appeals for the Eighth Circuit · 1982
  4. First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. II (In Re Hurricane Elkhorn Coal Corp. II)United States Bankruptcy Court, W.D. Kentucky · 1982
  5. In Re SharonUnited States Bankruptcy Court, S.D. Ohio · 1996

6 more not listed; retrieve them via the Exa API.

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