Legal Opinion

Jennings v. Town of Greene (In Re Jennings)

District Court, D. Maine

Decided January 26, 2004No. 03-20402PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES B. HAINES, JR., Chief Judge.

Before me is the debtors’ motion seeking an order requiring the Town of Greene, Maine, to appear in this court and show cause why sanctions should not be imposed for its alleged violation of the automatic stay. The Town asserts that sending a statutory notice and demand of overdue real estate taxes (the action that allegedly violated the stay) is merely an “act to create, perfect, continue or maintain a hen,” required by state law, permitted as an exception to Bankruptcy Code § 362(a)’s automatic stay by § 362(b)(3). 1

Background 2

This…

2Cases cited9 opinions

  1. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
  2. Diamond v. Premier Capital, Inc.Court of Appeals for the First Circuit · 2003
  3. Inhabitants of the Town of Warren v. NorwoodSupreme Judicial Court of Maine · 1941
  4. Blaney v. Inhabitants of Town of ShapleighSupreme Judicial Court of Maine · 1983
  5. Wallingford's Fruit House v. Inhabitants of Auburn (In Re Wallingford's Fruit House)United States Bankruptcy Court, D. Maine · 1983

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

3Cited by5 opinions

  1. Rosas v. Monroe County Tax Claim BureauUnited States Bankruptcy Court, M.D. Pennsylvania · 2004
  2. Gaff v. Town of Pembroke (In Re Doolan)United States Bankruptcy Court, D. New Hampshire · 2011
  3. Brooks v. General Motors Acceptance Corp. (In Re Brooks)United States Bankruptcy Court, D. Maine · 2006
  4. Sunshine Three Real Estate Corp. v. Housman Ex Rel. Pine Banks Nominee Trust (In Re Sunshine Three Real Estate Corp.)United States Bankruptcy Court, D. Massachusetts · 2010
  5. Frank D. FormicaUnited States Bankruptcy Court, D. New Jersey · 2021

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