Legal Opinion
In Re Brock Utilities & Grading, Inc.
United States Bankruptcy Court, E.D. North Carolina
Decided August 25, 1995No. 19-01934PublishedCited by 21 opinions
1Opinion of the Court
ORDER DENYING MOTION FOR SANCTIONS
A. THOMAS SMALL, Chief Judge.
The matter before the court is the motion filed by the chapter 11 debtor in possession, Brock Utilities & Grading, Inc. (“Brock”) to recover damages pursuant to 11 U.S.C. § 362(h) from the Internal Revenue Service arising from the IRS’s violation of the auto matic stay. A hearing was held in Raleigh, North Carolina on August 9, 1995.
The facts are undisputed. Brock filed its chapter 11 petition on May 18, 1995, and, on at least three occasions, the IRS received written notification of the debtor’s bankruptcy. A letter dated May…
2Cases cited3 opinions
- Budget Service Co. v. Better Homes of Virginia, Inc.Court of Appeals for the Fourth Circuit · 1986
- In Re ShealyUnited States Bankruptcy Court, W.D. North Carolina · 1988
- Hamrick v. United States Ex Rel. Defense Finance & Accounting Service (In Re Hamrick)District Court, W.D. North Carolina · 1994
3Cited by21 opinions
- Rijos v. Banco Bilbao Vizcaya (In Re Rijos)Bankruptcy Appellate Panel of the First Circuit · 2001
- Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re SammonUnited States Bankruptcy Court, D. South Carolina · 2000
- In Re FlackUnited States Bankruptcy Court, S.D. Ohio · 1999
- Hutchings v. Ocwen Federal Bank (In Re Hutchings)United States Bankruptcy Court, N.D. Alabama · 2006
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