Legal Opinion
Smith v. ME Bureau of Revenue Services
Court of Appeals for the First Circuit
Decided December 12, 2018No. 18-1573PPublishedCited by 31 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
*578 Maine's Bureau of Revenue Services (MRS) has a claim for a tax debt owed by Leland Smith, a repeat Chapter 13 bankruptcy filer. In this appeal, MRS and Smith dispute the scope of the termination of the Bankruptcy Code's automatic stay for repeat filers like Smith who file a second petition for bankruptcy within a year of the dismissal of a prior bankruptcy case. See 11 U.S.C. § 362 (c)(3)(A).
The filing of a petition for bankruptcy stays collection actions against the debtor, the debtor's property, and property of the bankruptcy estate. See id. § 362(a). Yet §…
2Cases cited35 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- United States v. MenascheSupreme Court of the United States · 1955
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
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3Cited by31 opinions
- Sharon Rose v. Select Portfolio ServicingCourt of Appeals for the Fifth Circuit · 2019
- Migrant Health Center, Inc. v. Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 2019
- Victor J. Salgado & Associates v. Cestero-LopateguiCourt of Appeals for the First Circuit · 2022
- In re SmithUnited States Bankruptcy Court, E.D. Tennessee · 2019
- (BK)In Re Herbert Edward MillerDistrict Court, E.D. California · 2023
26 more not listed; retrieve them via the Exa API.